30245. Adulteration and misbranding of Bromo-Sed, Forma-Lith, and Pep- 
tone Misbranding of Raspamon, Retone, and Elixir Nux, Phosphoric 
Acid and Calisaya. V. S. v. Thomas IV. Roche and Lawrence J. Renaud 
(Roche,   Renaud   Co.).    Pleas  of  guilty.     Fines,  $20.     (F.   &  D.   Nos.
42538.    Sample Nos. 20982-C, 20984-C to 20988-C,- inclusive.)
This case involved the following products: Bromo-Sed, which was represented 
to contain in each ounce 2 grains of phenobarbital and 80 grains of strontium 
bromide but which contained 1.57 grains of phenobarbital and 70.4 grains of 
strontium bromide per fluid ounce; Forma-Lith which contained no saw palmetto, 
formin, santalwood, nor lithium benzoate, which were declared on the label and 
did contain phenobarbital, strontium bromide, celery, and nux vomica, which 
were not declared; Fer-Retone, which was represented to contain in each ounce 
80 grains of ferric and ammonium citrate but which contained not more than 
65.3 grains of ferric and ammonium citrate per fluid ounce; Raspamon, which 
was represented to contain in each ounce three-eighths of a grain of pheno- 
barbital but which contained not less than 0.519 grains of phenobarbital per 
fluid ounce; Elixir Nux Phosphoric Acid and Calisaya, which was represented 
to contain in each dram (60 minims) 5 minims of tincture of nux vomica, 10 
minims of diluted phosphoric acid and elixir calisaya N. F. G. (quantity suffi- 
cient to make a fluid dram, namely, 45 minims of elixir calisaya of National 
Formulary standard) and which should yield from each dram not more than 
9.84 milligrams of the anhydrous alkaloids of nux vomica and calisaya but 
which yielded not less than 13.6 milligrams of such alkaloids; and Retone which 
was short of the declared volume.
On September 9, 1938, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Thomas N. Roche and Lawrence J. Renaud, copart- 
ners trading as Roche, Renaud Co., Fairhaven, Mass., alleging shipment by said 
defendants in violation of the Food and Drugs Act on or about August 10 and 
August 16, 1937, from the State of Massachusetts into the State of Rhode Island 
of quantities of Bromo Sed, Forma-Lith, and Fer-Retone that were adulterated 
and misbranded, and of quantities of Raspamon, Retone, and Elixir Nux Phos- 
phoric Acid and Calisaya that were misbranded.
The Bromo Sed 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 labeled, "Each ounce contains: Phenobarbital 2 Grains, Strontium Bromide 
80 Grains"; whereas each fluid ounce of the article contained less than 2 grains 
of phenobarbital and less than 80 grains of strontium bromide. It was alleged 
to be misbranded in that the statement, "Each ounce contains: Phenobarbital 2 
Grains, Strontium Bromide 80 Grains," was false and misleading.
The Forma-Lith 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 labeled, "Each Dram Contains: Saw Palmeto Grs. I, Triticum Grs. I 
Formin Grs. II Mais Grs. I Santalwood Grs. I Lithium Benzoate Grs. Ill"; 
whereas the article contained no saw palmetto, formin, sandalwood, and lithium 
benzoate but did contain phenobarbital, strontium bromide, celery, and nux 
vomica. It was alleged to be misbranded in that the statement, "Each Dram 
Contains Saw Palmeto Grs. I Formin Grs. II Santalwood Grs. I Lithium 
Benzoate Grs. Ill," was false and misleading since the article did not contain 
any of the said substances.
The Fer-Retone was alleged to be adulterated in that its strength and purity 
fell below its professed standard and quality in that it was labeled, "Each 
ounce contains: Ferric and Ammon. Citrate 80 Grains"; whereas each fluid 
ounce of the article contained less than 80 grains of ferric and ammonium citrate. 
It was alleged to be misbranded in that the statement "Each ounce contains: 
Ferric and Ammon. Citrate 80 Grains" was false and misleading.
The Raspamon was alleged to be misbranded in that the statement "(Each 
ounce contains: Phenobarbital % Grs." represented that each fluid ounce of 
the article contained three-eighths of a grain of phenobarbital; whereas each 
fluid ounce of the article contained more than three-eighths of a grain of 
phenobarbital.
Misbranding of the Retone was alleged in that the statement "6 Fluid Ounces," 
borne on the bottle label, was false and misleading since the bottles contained less 
than 6 ounces of the article.
Misbranding of the Elixir Nux, Phosphoric Acid and Calisaya was alleged in 
that the statement, "Each dram contains: Tr. Nux Vomica 5 Mins. Acid Phos- 
phoric Dil. 10 Mins. Elixir Calisaya N. F. G.," borne on the label, was false and
misleading since each dram of the article contained tincture of nux vomica and 
elixir calisaya N. F. in excess of the amount represented.
On February 13, 1939, the defendants entered pleas of guilty and were each 
sentenced to pay a fine of $10.
HAEEY L. BEOWN, Acting Secretary of Agriculture.