29036. Adulteration and misbranding of Septol Hydrogen Peroxide.    U. S. v. 273
Bottles of Hydrogen Peroxide, et al. (and one similar seizure action). 
Default decrees of condemnation and destruction. (F. & D. Nos. 42118, 
42119.    Sample Nos. 2a412-D, 23413-D, 23416-D, 23417-D.)
This product contained less hydrogen peroxide (dioxide) than declared.
On April 6,1938, the United States attorney for the Western District of Wash- 
ington, acting upon reports by the Secretary of Agriculture, filed in the district 
court two libels praying seizure and condemnation of 1,096 bottles of hydrogen 
peroxide at Seattle, Wash.; alleging that the article had been shipped in inter- 
state commerce on various dates between October 15, 1937, and March 14, 1938, 
from Hollywood, Calif., by the Studio Cosmetic Co.; and charging adulteration 
and misbranding in violation of the Food and Drugs Act.
Examinations of samples showed that the articles contained 2 percent of 
hydrogen peroxide (dioxide).
The article was alleged to be adulterated in that its strength fell below the 
professed standard under which it was sold, "Hydrogen Dioxide 3%," in one 
case, and "Hydrogen Peroxide * * * Active Ingredient H2O2 3.6%," in the 
other case, since it did not contain 3 percent of hydrogen dioxide in the former 
instance or 3.6 percent of hydrogen peroxide in the latter instance, but did 
contain smaller amounts.
The article was alleged to be misbranded in that the statements, "Hydrogen 
Dioxide 3%" and "This preparation guaranteed to be full strength and to meet 
all requirements of the U. S. P.," on the label of the former lot, "This prepa- 
ration guaranteed to be full strength and to meet all requirements of the 
U. S. P. Active ingredient H202 3.6%," on the label of the latter lot, were false 
and misleading when applied to an article which did not meet all requirements 
of the United States Pharmacopoeia and which contained in the first instance 
less than 3 percent of hydrogen dioxide and in the latter instance less than 
3.6 percent of hydrogen peroxide.
On June 23, 1938, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.