28340. Misbranding of  cold   capsules.    IT.   S.  v.   S.  Pfeiffer   Manufacturing   Co.
Plea of guilty.    Fine, $300 and costs.    (F. & D. No. 39773.    Sample Nos 
21601-C, 34553-C, 34554-C.)
These capsules contained greater amounts of acetanilide than declared.
On September 14, 1937, the United States attorney for the Eastern District 
of Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the S. Pfeiffer Manufacturing Co., a cor- 
poration, St. Louis, Mo., alleging shipment by the said defendant in violation 
of the Focd and Drugs Act on or about October 20, 1936, and March 5, 1937, 
from the State of Missouri into the State of Alabama of quantities of cold 
capsules which were misbranded. The article was labeled variously in part: 
"Gold Medal * * * Cold Capsules * * * S. Pfeiffer Mfg. Co., St. Louis, 
Mo. Distributors"; "Alpha Cold Capsules * * * Virginia Chemical Co., St. 
Louis, Missouri"; "Gray's Cold Capsules * * * Gray Pharmacal Co. St 
Louis, Mo."
The article was alleged to be misbranded in that the statement borne on 
the packages, "Each Capsule Contains 1% Grains Acetanilide," was false and mis- 
leading in that it represented that each of the capsules contained 1% grains of 
acetanilide, whereas each of the capsules contained more than 1% grains, to wit, 
not less than 1.79 grains of acetanilide; and in that it contained acetanilide, and 
the label on the package failed to bear a statement of the quantity or propor- 
tion of acetanilide contained therein.
On November 13, 1937, a plea of guilty was entered and the defendant was 
sentenced to pay a fine of $300 and costs.
HARRY L.  BROWN, Acting Secretary of Agriculture.