21251). Adulteration and Misbranding of barbital tablets, and Lees Anti- 
septine Powder. U. S. v. Moore etc Co., Inc. Plea of guilty. Fine, 
$50.     (F. & D. no. 29399.    I. S. nos. 42668, 42891, 43267.)
This case was based on an interstate shipment of two lots of alleged 5-grain 
barbital tablets, and a quantity of Lees Antiseptine Powder which was repre- 
sented to be a germicide. Examination showed that the barbital tablets 
contained less than 5 grains, each, of barbital, and that the Antiseptine Powder 
was not a germicide, when used as directed, and that it contained no aluminum 
sulphate or oxyquinoline sulphate, two substances which were declared on 
the label as ingredients.
On June 27, 1933, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Moore & Co., Inc., a corporation, Worcester, Mass., 
alleging shipment by said company, in violation of the Food and Drugs Act, on 
or about November 9 and November 10, 1931, from the State of Massachusetts 
into the States of New York and New Jersey, respectively, of quantities of bar- 
bital tablets; and on or about January 14, 1932, from the State of Massachusetts 
into the State of Pennsylvania, of a quantity of Lees Antiseptine Powder, which 
said products were adulterated and misbranded. The barbital tablets were 
labeled in part: "Compressed Tablets * * * Barbital 5 Grs. Made By 
Moore & Company, Inc. * * * Worcester, Mass." The Antiseptine powder 
was labeled in part: "Lees Antiseptine Powder, An absolutely Harmless Germi- 
cide for Cleansing Mucous Membranes. Composition * * * Aluminum 
Sulphate   *    *    *    Oxyquinolin Sulphate."
It was alleged in the information that the barbital tablets were adulterated 
in that their strength and purity fell below the professed standard under which 
they were sold, in that each of the tablets was represented to contain 5 grains of 
barbital; whereas each of said tablets contained less than 5 grains of barbital, 
the two lots containing 4.402 grains and 4.507 grains, respectively, of barbital 
per tablet.
Adulteration of the Antiseptine powder was alleged for the reason that the 
strength and purity of the article fell below the professed standard and quality 
under which it was sold, in that it was represented to be a germicide when 
used as directed, and was represented to be composed in part of aluminum 
sulphate and oxyquinolin sulphate; whereas it was not a germicide when 
used as directed, and contained no aluminuni Sulphate and no oxyquinoline 
sulphate.
Misbranding was alleged for the reason that the statements, "Tab- 
lets * * * Barbital 5 Grs." and''Germicide * * * Aluminum Sul- 
phate * * * Oxyquinolin Sulphate", borne on the labels of the respective 
products, were false and misleading, since the said barbital tablets contained 
less than 5 grains of barbital; and the Antiseptine Powder was not a germicide, 
when used as directed, and contained no aluminum sulphate and no oxyquino- 
lin sulphate.
On July 10, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50.
R. G. TUGWELL, Acting Secretary of Agriculture.