82087. Adulteration and misbranding of sodium borate and borax. V. S. 
v. 125 Cartons of Sodium Borate and 59 Cartons of Powdered 
Borax. Default decree of condemnation, forfeiture, and destruc- 
tion.     (P. & D. no. 32795.    Sample nos. 62165-A, 62182-A.)
This case case involved shipments of sodium borate (borax) which fell below 
the standard established by the United States Pharmacopoeia.
On June 1, 1934, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 125 cartons of sodium borate and 
59 cartons of powdered borax at Perry Point, Md., alleging that the article had 
been shipped in interstate commerce, in part on May 11, 1933, and in part on 
June 2, 1933, by Jas. Good, Inc., from Philadelphia, Pa., and charging adultera- 
tion in violation of the Food and Drugs Act. The article was labeled in part: 
" One Pound Sodium Borate Powder U. S. P." or " 5 Pounds Powdered Borax 
U.  S. P."
Analyses of samples of the article by this Department showed that it contained 
arsenic calculated as arsenic trioxide not less than 50 parts per million. The 
United States Pharmacopoeia provides in effect that sodium borate (borax) 
contains not more than 10 parts per million of arsenic calculated as arsenic 
trioxide.
It was alleged in the libel that the article was adulterated in that it was 
sold under names recognized in the United States Pharmacopoeia, and differed 
from the standard of purity as determined by the test laid down in the said 
pharmacopoeia official at the time of investigation, and its own standard of 
purity was not stated on the labels.
Misbranding was alleged for the reason that the statements on the respec- 
tive labels, " Sodium Borate * * * U. S. P." and " Powdered Borax U. S. 
P.", were false and misleading.
On July 7, 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.