21077.  Misbranding of Jnstrite Antiseptic Bird Wash.     U. S. v. The Jnstrite 
Co.    Plea   of  guilty.     Fine,   $37.50.     (F.   &   D.   no.   31374.    Sample   no' 
10120-A.)
This case involved a product which was a drug within the meaning of the 
law, the label of which bore unwarranted curative and therapeutic claims.
On November 28, 1933. the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Justrite Co., a corporation, trading at 
Jersey City, N.J.. alleging shipment by said company in violation of the Food 
and Drugs Act as amended, on or about September 9, 1932, from the State of 
New Jersey into the State of New York, of a quantity of Justrite Antiseptic 
Bird'Wash that was misbranded.
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of small proportions of quassia, benzoic acid, and a nitrite 
such as ethyl nitrite, alcohol, and water. Bacteriological tests showed that the 
article was not antiseptic.
It was alleged in the information that the article was misbranded in that 
the statement, " Drinking Justrite Antiseptic Bird Wash is healthful to bird ", 
borne on the bottle label, was false and fraudulent in that the said statement 
was one regarding the curative or therapeutic effect of the article and was 
false and fraudulent, since the article contained no ingredient or combination 
of ingredients capable of producing the effects claimed.
The information also charged a violation of the Insecticide Act of 1910, 
reported in Notice of Judgment No. 1310. On February 2, 1934, a plea of 
guilty was entered on behalf of the defendant company, and the court imposed 
a fine of $37.50 for violation of both acts.
M. L. WILSON, Acting Secretary of Agriculture.