27144. Adulteration   and misbranding of   "Glycerophosphate   Co.";   Iron   and
arsenic; and iron, arsenic and phosphorus. TJ. S. v. 5 Packages of 
Ampuls of "Glycerophosphate Co.; 4 Cartons of Ampuls of Iron and 
Arsenic; and 2 Cartons of Ampuls of Iron, Arsenic and Phosphorus. 
Default decrees of condemnation and destruction. (F. & D. nos. 38950, 
38951, 38952.    Samples nos. 35113-C, 35114-C, 35119-C.)
The "Glycerophosphate Co." contained a smaller proportion of sodium 
cacodylate than that represented on the label; the name "Glycerophosphate 
Co." was misleading since the article contained physiologically active ingre- 
dients not indicated by said name; and the label bore false and fraudulent 
curative or therapeutic claims. The ampuls of iron and arsenic and of iron, 
arsenic, and phosphorus contained smaller proportion of iron cacodylate than 
those stated on the labels, which also bore false and fraudulent curative or 
therapeutic claims.
On January 13, 1937, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court libels praying seizure and condemnation of five packages of 
an article labeled "Glycerophosphate Co.", four cartons of iron and arsenic, and 
two cartons of iron, arsenic, and phosphorus at Philadelphia, Pa., alleging 
that the articles had been shipped in interstate commerce on or about May 6 
and May 13, 1936, consigned by A. M. Rovin Laboratories, Inc., from Detroit,
Mich., and that they were adulterated and misbranded in violation of the 
Food and Drugs Act as amended.
The Glycerophosphate Co. was alleged to be adulterated in that its strength 
fell below the professed standard and quality under which it was sold, 
namely, "Each Mil. (cc) contains: * * * Sodium Cacodylate . . . 0.032 
gm. y2 gr.", in that each milliliter contained not more than 0.006 gram 
of sodium cacodylate. Said article was alleged to be misbranded in that 
the statement, "Each Mil. (cc) contains: * * * Sodium Cacodylate .... 
0.032 gm. % gr.," borne on rise label, was false and misleading in that it 
represented that each milliliter of the article contained 0.032 gram, that is 
one-half grain, of sodium cacodylate; whereas in fact each milliliter of 
the article contained less than said quantity of sodium cacodylate. It was 
alleged to be misbranded further in that the name "Glycerophosphate Co.", borne 
on the label, was misleading in that it contained physiologically active in- 
gredients including iron citrate, strychnine citrate, and sodium cacodylate, 
not indicated in said name. Said article was alleged to be misbranded 
further in that the statement regarding its curative or therapeutic effects, 
"Malnutrition * * * Hematinic * * * Anemia * * * Neuras- 
thenia", borne on the label falsely and fraudulently represented that it would 
be effective a cure or remedy for, or in the treatment of, malnutrition, 
anemia, and neurasthenia, and that it would have a hematinic effect
The iron and arsenic was alleged to be adulterated in that its strength 
fell below the professed standard and quality under which it was sold, 
namely, "Each 5 Mil. (cc) contains: Iron Cacodylate .... 0.065 gm. 1 gr.", 
in that each 5 milliliters of the article contained not more than 0.376 grain 
of iron cacodylate. Said article was alleged to be misbranded in that 
the statement, "Each 5 Mil. (cc) contains: Iron Cacodylate .... 0.065 gm. 
1 gr.", borne on the label, was false and misleading in that it represented that 
each 5 milliliters of the article contained 0.065 gram, that is, 1 grain, of iron 
cacodylate; whereas in fact each 5 milliliters of the article contained less than 
said quantity of iron cacodylate. It was alleged to be misbranded further in 
that the statement regarding its curative or therapeutic effects, "Pellagra, 
Anemias and various Lymphadenitia and Leukemias * * * thereby pro- 
ducing a prolonged and lasting therapeutic effect", borne on the label, falsely 
and fraudulently represented that the article would be effective as a cure 
or remedy for, or in the treatment of, pellagra, anemias, and the various 
forms of lymphadenitia and leukemias.
The iron, arsenic, and phosphorus was alleged to be adulterated in that 
its strength fell below the professed standard and quality under which it 
was sold, namely, "5 Mil. (cc) contains: * * * Iron Cacodylate, 1 Gr.", 
in that each milliliter contained less than said quantity of iron cacodylate. 
Said article was alleged to be misbranded in that the statement, "5 Mil 
(cc) * * * Iron Cacodylate, 1 Gr.", borne on the label, was false and 
misleading in that it represented that each 5 milliliters of the article con- 
tained 1 grain of iron cacodylate; whereas in fact each 5 milliliters con- 
tained not more than 0.264 grain of iron cacodylate. Said article was 
alleged to be misbranded further in that the statement regarding its curative 
or therapeutic effect, "Anemia, Neurasthenia, Rachitis, Osteomalacia * * * 
Convalescence", borne on the label, falsely and fraudulently represented that 
the article would be effective as a cure or remedy for, or in the treatment 
of, anemia, neurasthenia, rachitis, osteomalacia, and in promoting or expedit- 
ing convalescence.
On February 19, 1937, no claimant having appeared, judgments of con- 
demnation were entered and it was ordered that the products be destroyed.
HARRY L. BROWN, 
Acting Secretary of Agriculture.