30797. Adulteration  and misbranding of  street  spirit  of  nitre  and  paregoric.
V. S. v. 228 Bottles of Spirit of Nitre and 852 Bottles of Paregoric. 
Default decree of condemnation and destruction. (F. & D. Nos. 44440, 
44441.    Sample Nos. 34684-D, 34685-D.)
These products were sold under names recognized in the United States Phar- 
macopoeia but differed from the pharmacopoeial standard. They also differed 
from their own declared standards, since the sweet spirit of nitre was labeled 
"Ethyl nitrite 4%" but contained ethyl nitrite varying from 2.66 to 2.98 percent, 
and the paregoric was labeled "Each Fluid Ounce contains % grain of morphia" 
but contained not more than % grain of morphia per fluid ounce. Both products 
were short of the declared volume.
On December 1, 1938, the United States attorney for the Western District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 228 bottles of spirit of nitre 
and 852 bottles of paregoric at Lynchburg, Va., consigned by Kent Drug Co., 
alleging that the articles had been shipped in interstate commerce on or about 
October 18, 1938, from Baltimore, Md.; and charging adulteration and mis- 
branding in violation of the Food and Drugs Act as amended.
The articles were alleged to be adulterated in that they were sold under 
names synonymous with names recognized in the United States Pharmacopoeia, 
i. e., "Spirit of Ethyl Nitrite," and "Camphorated Tincture of Opium," but 
differed from the standard of strength, quality, and purity as determined by 
the tests laid down in said pharmacopoeia, and their own standards were not 
stated on the labels. Further Adulteration of the spirit of niter was alleged in 
that its strength fell below the professed standard and quality under which 
it was sold, namely, "Ethyl Nitrite 4%," since it contained less than 4 percent 
of ethyl nitrate. Further Adulteration of the paregoric was alleged in that its 
strength fell below the professed standard and quality under which it was sold, 
namely, (carton) "Morphia }4 Gr. to Pl. Oz." and (bottle) "Each Fluid Ounce 
Contains *4 gr. Morphia," since each fluid ounce of the article contained less 
than % grain of morphia.
The spirit of nitre was alleged to be misbranded in that the statements, 
(bottle and carton) "Ethyl Nitrite 4%" and (bottle only) "Contains 6 fld. drams 
or over,
" were false and misleading and deceived and misled the purchaser 
since it contained less than 4 percent of ethyl nitrite, and the bottle contained 
less than 6 fluid drams. The paregoric was alleged to be misbranded in that 
the statements, (carton) "Morphia ^4 gr to all. Oz." and (bottle) "Each Fluid
ounce contains % gr. Morphia * * * Contains 6 fld. Drams or over," were 
false and misleading and deceived and misled the purchaser, since it contained 
less than % grain of morphia in each fluid ounce and the bottle contained less 
than 6 fluid drams.
On June 5, 1939, no claimant having appeared, judgment of condemnation 
was entered and the products were ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.