25822. Adulteration and misbranding of Compressed T. T. Nitroglycerine, Tinct.
Aconite, Coated Tablets Strychnine Sulphate, and Compressed Tablets 
Phenobarbital. V. S. v. Frost, Stephens Co., a corporation. Plea ot 
guilty. Fine, $150. (F. & D. no. 35884. Sample nos. 28687-B, 28688-B, 
29629-B, 29678-B.)
These articles were inferior to their professed standard; the labels of some 
bore erroneous statements regarding the quantities of their active ingredients, 
and the labels of others were misleading with respect to their potency.
On October 28, 1935, the United States attorney for the Western District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Frost, Stephens Co., a corporation, Elmira, 
N. Y., alleging shipments by it in violation of the Food and Drugs Act as 
amended, in the period from January 1, 1935, to April 5, 1935, from Elmira, 
N. Y., to Troy and Rome, Pa., of quantities of Compressed T. T. Nitroglycerine, 
Tinct. Aconite, Coated Tablets Strychnine Sulphate, and Compressed Tablets 
Phenobarbital. The articles were labeled in part: (Bottle) "Compressed T. T. 
Nitroglycerine Each T. T. contains Nitroglycerine 1-100 gr."; (bottle) "Tinct. 
Aconite 3^ min Frost, Stephens Co. Elmira, New York"; (bottle) "Coated 
Tablets Strychnine Sulphate 1-60 Grain Poison"; (bottle) "Compressed Tablets 
Phenobarbital y2 Gr."
Analyses showed that the Compressed T. T. Nitroglycerine contained 24.0 
percent of nitroglycerin in excess of the declaration; that the Tinct. Aconite 
was practically devoid .of aconite activity; that the Coated Tablets Strychnine 
Sulphate contained 26.0 percent of strychnine sulphate in excess of the decla- 
ration ; that the Compressed Tablets Phenobarbital contained an average excess 
of 11.5 percent of phenobarbital.
The Compressed T. T. Nitroglycerine Tablets were alleged to be adulterated 
in that their strength and purity fell below the professed standard and quality 
under which they were sold, in that each of the tablets was represented to 
contain one one-hundredth of a grain of nitroglycerin; whereas each tablet 
contained more than one one-hundredth of a grain, to wit, not less than 0.0122 
grain of nitroglycerin.
The Tinct. Aconite was alleged to be adulterated in that its strength and 
purity fell below the professed standard and quality under which it was sold, 
in that each tablet was represented to have a potency equivalent to 3% minims 
of tincture of aconite, when in fact it had little, if any, potency derived from 
tincture of aconite.
The Coated Tablets Strychnine Sulphate were alleged to be adulterated in 
that their strength and purity fell below the professed standard and quality 
under which they were sold, in that each of the tablets was represented to con- 
tain one-sixtieth of a grain of strychnine sulphate; whereas each tablet con- 
tained more than one-sixtieth of a grain, to wit, not less than 0.021 grain 
(one-fiftieth of a grain) of strychnine sulphate.
The Compressed Tablets Phenobarbital were alleged to be adulterated in that 
their strength and purity fell below the professed standard and quality under 
which they were sold, in that each tablet was represented to contain % grain 
of phenobarbital; whereas each tablet contained not less than 0.56 grain of 
phenobarbital.
The Compressed T. T. Nitroglycerine Tablets were alleged to be misbranded 
in that the statement borne on the bottle label, "Each T. T. Contains Nitro- 
glycerine 1-100 gr.", was false and misleading in that each of the tablets con- 
tained more than one one-hundredth of a grain of nitroglycerin, to wit, not 
less than 0.0122 grain of nitroglycerin, that is, one-eightieth of a grain thereof.
The Tinct. Aconite was alleged to be misbranded in that the statement borne 
on the bottle label, "100 Tinct. Aconite Syr Min", was false and misleading in 
that it represented that each tablet contained a potency equivalent to 3^ 
minims of tincture of aconite, when in truth each of said tablets had little, 
if any, potency derived from tincture of aconite.
The Coated Tablets Strychnine Sulphate were alleged to be misbranded in 
that the statement borne on the bottle label, "Tablets Strychnine Sulphate 
1-60 Grain", was false and misleading in that each tablet was represented to 
contain one-sixtieth of a grain of strychnine sulphate; whereas each tablet 
contained more than one-sixtieth of a grain, to wit, not less than 0.021 grain 
of strychnine sulphate, that is, one-fiftieth of a grain.
The Compressed Tablets Phenobarbital were alleged to be misbranded in that 
the statement borne on the bottle label, to wit, "Tablets Phenobarbital % Gr.", 
was false and misleading in that each tablet contained more than one-half 
grain, to wit, not less than 0.56 grain of phenobarbital.
On November 22, 1935, a plea of guilty having been entered, a fine of $150 
was imposed.
W. R. GBEGG, Acting Secretary of Agriculture.