28324. Adulteration and misbranding of elixir sulfanilamide. U. S. v. 5 Gallons 
and 3 Pints of Elixir Sulfanilamide (and 24 other seizure actions 
against the same product). Default decrees of condemnation and 
destruction. (F. & D. Nos. 40526, 40534, 40557, 40558, 40561, 40562, 40563, 
to 40566, incl., 40572 to 40576, incl., 40605 to 40609, incl., 40611, 40629, 40633, 
40636, 40720, 40721, 40859, 40860. Sample Nos. 21573-C, 24540-C, 24541-C, 
39097-C, 39593-C, 43536-C, 43872-C, 43873-C, 44259-C, 44261-C, 44262-C, 
47453-C, 47467-C, 48537-C, 49901-C, 49902-C, 49903-C, 54104-C. 56875-C, 
57301-C, 57302-C, 57901-C, 57902-C, 58410-C, 58421-C, 61226-C, 62981-C, 
62982-C, 62983-C, 64494-C, incl.)
This product was represented to be an elixir of sulfanilamide; whereas it 
consisted of sulfanilamide in a solution of 75 percent diethylene glycol, a poi- 
son, and 25 percent of water.
On October 20, 1937, and on various dates thereafter up to and including 
November 17, 1937, 25 libels were filed in 15 district courts by the United States 
attorneys of said districts, acting upon reports by the Secretary of Agriculture, 
praying seizure and condemnation of a total of 47 gallon bottles, 603 pint bot- 
tles, 12 8-ounce bottles, and 103 sample bottles of elixir sulfanilamide in various 
lots at New York, N. Y.; San Francisco, Calif.; San Juan, P. R.; Jackson, 
Miss.; Church Road and Richmond, Va.; Salisbury, Md.: Detroit, Highland 
Park, and Dearborn, Mich., Alton, Cisne, and Bast St. Louis, Ill; Fort Worth, 
Tex.; Williston and Hampton, S. C.; Waynesboro, Swainsboro, Wrens, and 
McDonough, Ga.; Bristol, Tenn.; and Kansas City, Mo. The libels alleged that 
the product, with the exceptions hereinafter referred to, had been shipped in 
interstate commerce from Bristol, Tenn., Kansas City, Mo., and New York, N. Y., 
by the S. E. Massengill Co., between the dates of September 4 and October 15, 
1937. The lots seized at Bristol, Tenn., and Kansas City, Mo., had been returned 
to the S. E. Massengill Co. during the latter part of October and the early part 
of November 1937, by various individuals and firms to whom they formerly had 
been shipped by the S. E. Massengill Co., the goods having been returned under 
instructions of said company. One pint bottle seized was part of a lot which 
had been purchased from the S. E. Massengill Co. by the Meyer Bros. Drug 
Co. under a guaranty that the product complied with the Federal Food and 
Drugs Act and had been shipped by the latter firm from St. Louis, Mo., to East 
St. Louis, Ill., on or about October 5, 1937. The article was labeled in part: 
"Elixir Sulfanilamide * * * S. E. Massengill Company * * * Bristol, 
Tenn.Via."
The libels alleged that the article was adulterated in that its purity fell below 
the professed standard under which it was sold, namely, "Elixir Sulfanilamide,'' 
since it was not an elixir of sulfanilamide but was a solution of sulfanilamide 
in a mixture of diethylene glycol and water.
It was alleged to be misbranded in that the statement on the bottle label, 
"Elixir Sulfanilamide," was false and misleading as applied to an article con- 
taining sulfanilamide dissolved in diluted diethylene glycol and in that the 
statement on the sticker attached to the bottle stopper, "Quality Pharmaceu- 
ticals," was false and misleading as applied to an article consisting of a solu- 
tion of sulfanilamide in diluted diethylene glycol. One lot of the article was 
alleged to be misbranded further in that its label indicated that it was manu- 
factured at Bristol, Tenn.Via.; whereas that lot had been manufactured at 
Kansas City, Mo.
No claim was entered for the product. Between the dates of November 12, 
1937, and April 13, 1938, judgments of condemnation were entered in all cases 
and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.