26780. Adulteration and misbranding of ephedrine sulphate, Fowler's solution, thyroid tablets, epinephrine chloride, strychnine sulphate tablets, nitro- glycerin tablets, fluidextract of hyoscyamus, flnidextraet of nux vomica; Misbranding of Tablets Amidol; and Adulteration of pheno- barbital sodium. V. S. v. Albert E. Mallard. Plea of guilty. Fine, $42800. Sentence suspended and defendant placed on probation. (F. & D. no. 36939. Sample nos. 13624-B, 13625-B, 13631-B, 13632-B, 13636-B, 13671-B, 13687-B, 32103-B, 32105-B, 32107-B, 32110-B, 32124-B, 32176-B to 32179-B, incl., 32184-B.) The ephedrine sulphate contained less ephedrine sulphate than the quantity thereof represented on the label. Fowler's solution, in two of the three con- signments contained less Fowler's solution than the quantity represented on the label; and in the remaining consignment, which was represented to conform to the standard prescribed for such article in the United States Pharmacopoeia, it did not conform to such standard in that it contained a greater quantity of arsenic trioxide than that specified in the pharmacopoeia. The thyroid tablets contained more thyroid U. S. P. than the quantity repre- sented on the label. The epinephrine chloride, represented to conform to the standard prescribed for such article in the United States Pharmacopoeia, did not conform to such standard in that it contained less epinephrine chloride. The strychnine sulphate tablets contained less strychnine sulphate than the quantity thereof represented on the label. The label of the Tablets Amidol bore false and fraudulent representations regarding their curative and thera- peutic effects; and the article, represented on the label to be safe for administra- tion in the dosage recommended, contained dangerous drugs which rendered it unsafe when so administered. The phenobarbital sodium, in one of the two consignments contained in part more, and in part less, phenobarbital sodium than the quantity represented on the label; and in the other consignment it contained more phenobarbital sodium than the quantity represented on the label. The nitroglycerin tablets contained less nitroglycerin than the quantity represented on the label. The fluidextract of hyoscyamus, represented to con- form to the standard prescribed for such article in the United -States Pharma- copoeia, did not conform to such standard in that it yielded a smaller quantity of alkaloids of hyoscyamus. The fluidextract of nux vomica, represented on the label to conform to the standard prescribed for such article in the National Formulary, did not conform to such standard in that it yielded a smaller quantity of the alkaloids of nux vomica. On May 19, 1936, the United States attorney for the Eastern District of Michigan, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Albert E. Mallard, Detroit, Mich., charg- ing shipment by said defendant, in violation of the Food and Drugs Act, from the State of Michigan into the State of Illinois on or about January 4 and June 19, 1935, of quantities of ephedrine sulphate that was adulterated and misbranded; on or about January 4 and June 22, 1935, of quantities of Fowler's solution that was adulterated and misbranded; on or about January 12, 1935, of a quantity of thyroid tablets and a quantity of epinephrine chloride that were adulterated and misbranded; on or about January 15, 1935, of a quantity of strychnine sulphate tablets .that were adulterated and misbranded; on or about February 3, 1935, of a quantity of Tablets Amidol that were misbranded; on or about February 12 and June 19, 1935, of quantities of phenobarbital sodium that was adulterated and misbranded; on or about March 5, 1935, of a quantity of nitroglycerin tablets, fluidextract of hyoscyamus, and fluidextract of nux vomica that were adulterated and misbranded; and on or about January 4, March 27, and June 22, 1935, of quantities of Fowler's solution that was adulterated and misbranded. The ephedrine sulphate 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 it was represented that each milliliter (cubic centimeter) of the article contained % grain of ephedrine sulphate, whereas in fact each milliliter (cubic centimeter) of the article contained less than % grain of ephedrine sulphate. Said article was alleged to be misbranded in that the statement, "Each mil (cc) contains % gr. Ephedrine Sulphate", borne on the box containing the ampoules of the article, and the statement, "Ephedrine Sulphate % gr. in 1 C. C", borne on the label of the ampoules, were false and misleading in that they represented that each milliliter (cubic centimeter) of the article contained % grain of ephedrine sulphate, whereas in fact each milliliter (cubic centi- meter) of the article contained less than % grain of ephedrine sulphate. The Fowler's solution in two of the three consignments 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 it was rpprpspntpd that pneh cubic centimeter of the article contained 5 minims of Fowler's solution; whereas in fact each cubic centimeter of the article contained less than 5 minims of Fowler's solution. Said article was alleged to be misbranded in that the statement, "Each cubic centimeter contains Fowler's Solution 5 mins", borne on the boxes containing the ampoules of the article, and the statement, "Fowler's Solution 5 minims, 1 C. C", borne on the label of the ampoules, were false and misleading in that they represented that each cubic centimeter of the article contained 5 minims of Fowler's solution; whereas in fact each cubic centimeter of the article contained less than 5 minims of Fowler's solution. The Fowler's solution, in the remaining consignment was alleged to be adulterated in that it was sold under and by a name recognized in the United States Pharmacopoeia and differed from the standard of strength, quality, and purity as determined by the test laid down in said pharmacopoeia, in that 100 cubic centimeters of the article contained more than 1.025 grams of arsenic trioxide; whereas said pharmacopoeia provided that Fowler's solution, that is, solution of potassium arsenite, should contain not more than 1,025 grams of arsenic trioxide per 100 cubic centimeters, and the standard of strength, quality, and purity of the article was not declared on the container thereof. Said article was alleged to be adulterated further in that its strength and purity fell below the professed standard and quality under which it was sold, in that it was represented to be Fowler's solution, that is, solution of potassium arsenite, which conformed to the standard laid down for such article in the United States Pharmacopoeia; whereas in fact the article was not Fowler's solution, that is, solution of potassium arsenite, which conformed to the standard laid down in said pharmacopoeia. Said article was alleged to be misbranded in that the statement, "Fowler's Solution Liquor Potassii Arsenitis U. S. P. Contains Potassium Arsenite equivalent to 1% Arsenic Trioxide", borne on the bottle labels was false and misleading in that it represented that the article was Fowler'ssolution, that is, solution of potassium arsenite, which conformed to the standard laid down in the United States Pharmacopoeia, and that the article contained 1 percent of arsenic trioxide; whereas in fact the article was not Fowler's solution, that is, solution of potassium arsenite, which conformed to the standard laid down in said pharmacopoeia, and the article contained more than 2 percent of arsenic trioxide. The thyroid tablets were alleged to be adulterated in that the strength and purity of the article fell below the professed standard and quality under which it was sold, in that it was represented that each of the tablets contained 2 grains of thyroid U. S. P.; whereas in fact each of the tablets contained more than 2 grains of thyroid U. S. P. Said article was alleged to be misbranded in that the statement, "C. T. Thyroid U. S. P. 2 grs.", borne on the bottle labels, was false and misleading in that it represented that each of the tablets contained 2 grains of thyroid U. S. P., whereas in fact each of the tablets contained more than 2 grains of thyroid U. S. P. The epinephrine chloride was alleged to be adulterated in that it was sold under and by a name recognized in the United States Pharmacopoeia and differed from the standard of strength, quality, and purity as determined by the test laid down in said pharmacopoeia, in that 100 cubic centimeters of the article contained less than 0.095 gram of epinephrine, whereas said pharma- copoeia provided that epinephrine chloride, that is, epinephrine hydrochloride, should contain not less than 0.095 gram of epinephrine per 100 cubic centimeters, and the standard of strength, quality, and purity of the article was not declared on the container. Said article was alleged to be adulterated further in that its strength and purity fell below the professed standard and quality under which it was sold, in that it was represented to be epinephrine chloride, that is, epinephrine hydrochloride, which conformed to the standard laid down in the United States Pharmacopoeia; whereas in fact the article was not epinephrine chloride, that is, epinephrine hydrochloride, which conformed to the standard laid down in said pharmacopoeia. Said article was alleged to be misbranded in that the statement "Epinephrin Chloride U. S. P.", borne on the package labels, was false and misleading in that it represented that the article was epinephrine chloride which conformed to the standard laid down in the United States Pharmacopoeia; whereas in fact the article was not epinephrine chloride that conformed to the standard laid down in said pharmacopoeia. The strychnine sulphate 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 it was represented that each of the tablets contained 3 /4o grain of strychnine sulphate; whereas in fact each of the tablets contained less than %o grain of strychnine sulphate. Said article was alleged to be mis- branded in that the statement "Tablets * * * Strychnine Sulphate to Gr.". borne on the bottle label, was false and misleading in that it represented that each of the tablets contained %o grain of strychnine sulphate; whereas in fact each of the tablets contained less than %o grain of strychnin., sulphate. The Tablets Amidol were alleged to be misbranded in that statements regard- ing their curative and therapeutic effects, borne on the bottle labels, falsely and fraudulently represented that they would be effective as a treatment, remedy, and cure for insomnia, neuritis, menstrual pain, sciatica, tabetic pain, cancer pain, dental pain, alcoholic excess, and drug addiction, and effective as a relief from asthma. Said article was alleged to be misbranded further in that the statements, "A safe * * * remedy" and "Dose * * *", borne on the bot- tle label, were false and misleading in that they represented that it could be administered with safety according to directions; whereas in fact it contained amidopyrine and barbital, dangerous drugs, which could not be administered with safety according to directions. The phenobarbital sodium 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 it was represented that each of the ampoules contained 2 grains of phenobarbital sodium; whereas in fact 11 of the 12 ampoules in the box in one of the two consignments each contained more, one of the ampoules contained less than 2 grains of phenobarbital sodium, and all of the 12 ampoules in the box in the other consignment each contained more than 3 grains of phenobarbital sodium. Said article was alleged to be misbranded in that the statement, "One Dozen Ampoule * * * Phenobarbital-Sodium 2 grains", borne on the label of the boxes containing the ampoules, and the statement, "Ampoule * * * Sodium Phenobarbital 2 grs.", borne on the individual ampoules, were false and misleading in that they represented that each of the ampoules contained 2 grains of phenobarbital sodium; whereas in fact 11 of the 12 ampoules in the box in one of the two consignments each contained more, one of the am- poules contained less than 2 grains of phenobarbital sodium, and all of the 12 ampoules in the box in the other consignment contained more than 2 grains of phenobarbital sodium. The nitroglycerin 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 1/100 grain of nitro- glycerin ; whereas in fact each of the tablets contained less than 1/100 grain of nitroglycerin. Said article was alleged to be misbranded in that the statement "Tablets Nitroglycerin 1/100 grain", borne on the bottle label, was false and misleading in that it represented that each of the tablets contained 1/100 grain of nitroglycerin; whereas in fact each of the tablets contained less than 1/100 grain of nitroglycerin. The fluidextract of hyoscyamus was alleged to be adulterated in that it was sold under and by a name recognized in the United States Pharmacopoeia and differed from the standard of strength, quality, and purity as determined by the test laid down in said pharmacopoeia, in that the article yielded less than 0.055 gram of the alkaloids of hyoscyamus per 100 cubic centimeters; whereas said pharmacopoeia provided that fluidextract of hyoscyamus should yield not less than 0.055 gram of alkaloids of hyoscyamus per 100 cubic centimeters, and the standard of strength, quality, and purity of the article was not declared in the container thereof. Said article was alleged to be adulterated further in that its strength and purity fell below the professed standard and quality under which it was sold, in that it was represented that the article was fluidextract of hyoscyamus which conformed to the standard laid down in the United States Pharmacopoeia; whereas in fact the article was not fluidextract of hyoscyamus which conformed to the standard laid down in said pharmacopoeia. Said article was alleged to be misbranded in that the statement, "Fluid Extract Hyoscyamus U. S. P. * * * Standard 0.055 * * * grams mydriatic alkaloids per 100 C. C", borne on the bottle label,, was false and misleading in that it represented that the article was fluidextract of hyoscyamus which conformed to the standard laid down in the United States Pharmacopoeia, and that 100 cubic centimeters of the article yielded not less than 0.055 gram of the alkaloids of hyoscyamus; whereas in fact the article was not fluidextract of hyoscyamus which conformed to the standard laid down in the United States Pharmacopoeia, and 100 cubic centimeters of the article did not yield 0.055 gram of the alkaloids of hyoscyamus. The fluidextract of nux vomica 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, in that the article yielded less than 2.37 grams of the alkaloids of nux vomica per 100 cubic centimeters; whereas said formulary provided that fluidextract of nux vomica should not yield less than 2.37 grams of the alkaloids of nux vomica per 100 cubic centimeters, and the standard of strength, quality, and purity of the article was not declared on the container thereof. Said article was alleged to be adulterated further in that its strength and purity fell below the professed standard and quality under which it was sold, in the it was represented that the article was fluidextract of nux vomica that conformed to the standard laid down in the National Formulary; whereas in fact the article was not fluidextract of nux vomica which conformed to the standard laid down in said formulary. Said article was alleged to be misbranded in that the statement, "Fluid Extract Nux Vomica National Formulary Standard 2.37 to 2.63 grams of total Alkaloids per 100 0. C", borne on the bottle labels, was false and misleading in that it represented that the article was fluidextract of nux vomica that conformed to the standard laid down in the National Formulary, and that 100 cubic centimeters of the article yielded not less than 2.37 grams of the alkaloids of nux vomica; whereas in fact the article was not fluidextract of nux vomica that conformed to the standard laid down in said formulary, and 100 cubic centimeters yielded less than 2.37 grams of the alkaloids of nux vomica per 100 cubic centimeters. On November 30, 1936, the defendant entered a plea of guilty, and on February 1, 1937, the court imposed a fine of $4,800, suspended payment of the fine, and placed the defendant on probation for 5 years. W. R. GEEGG, Acting Secretary of Agriculture.