22650. Adulteration and misbranding of witch, hazel. TJ. S. v. 64 Bottles, 
et al., of Witch Hazel. Default decree of condemnation, forfei- 
ture, and destruction. (F. & D. no. 32467. Sample nos. 67097-A, 
67099-A, 67503-A, 67504-A, 67512-A, 67513-A.)
Examination of the four lots of extract of witch hazel covered by this case 
showed them to be in violation of the law in various respects, as follows: One 
lot fell below the standard established by the National Formulary, since it con- 
tained acetone, a substance not permitted by the formulary; it was of a higher 
specific gravity, and contained less alcohol than the formulary product, it was 
labeled " U. S. P.", whereas the United States Pharmacopoeia does not de- 
scribe extract of witch hazel and the label bore an incorrect declaration of 
alcohol. A second lot fell below the formulary requirements, since it contained 
less alcohol, and was of a higher specific gravity than the formulary product; 
this lot also bore an incorrect declaration of alcohol. Examination of the third 
lot showed that the bottles contained less than 16 ounces, the volume declared 
on the label. The labels of all four lots contained unwarranted curative and 
therapeutic claims.
On April 2, 1934, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 308 bottles of witch hazel at Hobo- 
ken, N. J., alleging that the article had been shipped in interstate commerce, in 
various shipments, 1 lot on or about September 26, 1933, 2 lots on or about 
February 28, 1934, and the remaining lot during the 6 months next preceding 
March 8, 1934, by the General Merchandise & Sales Co., from New York, N. Y., 
and charging adulteration and misbranding of portions of the article, and mis- 
branding of the remainder, in violation of the Food and Drugs Act as amended. 
The article was labeled, variously: " Witch Hazel * * * Gotham Pharma- 
cal Company, New York City " ; " Triple Distilled Witch Hazel * * * East- 
ern Chemical Co., New York N. Y."; " Witch Hazel U. S. P. Double Distilled 
*    *    *   Rector Pharmacal Co., Inc., New York."
Analyses of samples of the article by this Department showed: (Lot 1) the 
product complied with the requirements of the National Formulary;  (lot 2)
the product complied with the requirements of the National Formulary, the 
average volume of nine alleged 16-ounce bottles was 15.1 fluid ounces; (lot 3) 
the product contained 9.7 percent of alcohol by volume and had a specific grav- 
ity of 0.987 at 25° C.; (lot 4) the product contained acetone, 11.9 percent alco- 
hol by volume, and had a specific gravity of 0.984 at 25° C. (the Formulary re- 
quires that extract of witch hazel be free from acetone, contain not less than 
14 percent of absolute alcohol by volume, and have a specific gravity of not 
more than 0.982 at 25° C).
It was alleged in the libel that two of the lots were adulterated in that they 
were sold under a name recognized in the National Formulary and differed 
from the standard of strength, quality, and purity as determined by the test 
laid down in the National Formulary; and their own standard of strength, 
quality, and purity was not declared on the containers.
Misbranding was alleged for the reason that the statement "Contents 16 
FL Ozs.", borne on the label of one of the lots, was false and misleading. Mis- 
branding was alleged with respect to a second lot for the reason that the 
statement, " Contains 14% Absolute Alcohol", was false and misleading; and 
for the further reason that the package failed to bear on the label a statement 
of the quantity or proportion of alcohol contained in the article, since the 
declaration made was incorrect. Misbranding was alleged with respect to a 
third lot for the reason that the following statements on the label were false 
and misleading: "Extract of Witch Hazel U. S. P Alcohol 14%." (The arti- 
cle is not described in the United States Pharmacopoeia.) Misbranding was 
alleged with respect to all four lots for the reason that the following state- 
ments on the labels, were statements regarding the curative or therapeutic 
effects of the article, and were false and fraudulent: (Bottle label of 2 lots) 
" Indicated for the relief of Rheumatism * * * Piles Hemorrhoids, Etc."; 
(bottle label, 1 lot) " Indicated for the relief of rheumatism, * * * hemor- 
rhages, etc."; (bottle label, 1 lot) " For * * * Lacerations, Swelled Face, 
* * * Ulcers, Sore Throat, * * * Etc. * * * in case of ulcers and 
sores."
On June 25, 1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal
M. L. WILSON, Acting Secretary of Agriculture.