26504. Adulteration and misbranding of Owl Elixir Iron, Quinine, and Strych- 
nine.     IT. S. v. United Drug Co.    Plea of guilty.    Fine, $75.     (F. & D.
no. 33836.    Sample no. 45188-A.)
This case involved an interstate shipment of Owl Elixir Iron, Quinine and 
Strychnine that differed from the standard of strength, quality, and purity as 
determined by the test laid down in the National Formulary for elixir of 
iron, quinine, and strychnine, and the label of the article bore false and 
fraudulent representations regarding the curative or therapeutic effects of the 
article.
On February 19, 1935, the United States attorney for the Northern District 
of California, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the United Drug Co., a corporation, San 
Francisco, Calif., charging shipment by said corporation in violation of the 
Food and Drugs Act, on or about January 5, 1934, from the State of California 
into the State of Oregon, of a quantity of Owl Elixir Iron, Quinine and Strych- 
nine that was adulterated and misbranded.   The article was labeled in part:
(Bottles) "The Owl Elixir Iron, Quinine and Strychnine * * * Manu- 
factured for The Owl Drug Co. * * * San Francisco" Analysis of a sam- 
ple of the article showed that it was a liquid flavored with orange and con- 
taining quinine sulphate (4.45 grams per liter).
The article was alleged to be adulterated in that it was sold under and by 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 said 
formulary, since said article contained quinine sulphate; whereas said formu- 
lary does not provide that elixir of iron, quinine, and strychnine shall contain 
any quinine sulphate, and the standard of strength, quality, and purity of said 
article was not declared on the container thereof.
Said article was alleged to be misbranded in that the statement, "Elixir Iron 
Quinine and Strychnine", borne on the shipping case and upon the bottle label, 
was false and misleading, since the article was not elixir of iron, quinine, and 
strychnine since it contained quinine sulphate, which is not an ingredient of 
elixir of iron, quinine, and strychnine. The article was alleged to be mis- 
branded further in that statements aforesaid regarding the curative or thera- 
peutic effects of the article, appearing on the label on the bottle, falsely and 
fraudulently represented that it was effective as a treatment for the relief of 
mental and physical exhaustion, wasting diseases, malaria, loss of appetite, 
convalescence from exhausting diseases, wasting debility, general run-down 
conditions, and sleeplessness.
On June 18, 1936, a plea of guilty was entered on behalf of the defendant 
corporation and the court imposed a fine of $75.
M. L. WILSON, 
Acting Secretary of Agriculture.