80068. Adulteration and misbranding of Pinip (liquid) and misbranding of 
Pinip Laxative Cold Capsules. IT. S. v. David M. Left (Merit Labora- 
tories Co.). Plea of nolo contendere. Fine, $25. (F. & D. No. 42718. 
Sample Nos. 41951-D, 41952-D, 4197S-D.)
Both shipments of the Pinip Cold Capsules contained acetophenetidin, a deriva- 
tive of acetanilide, the presence of which was not declared. One shipment con- 
tained acetanilide in excess of the amount declared and its labeling bore false and 
fraudulent curative and therapeutic claims. The Pinip (liquid) contained 
materially less vitamin D than the amount declared on its label.
On July 19, 19391, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against David M. Leff, trading as the Merit Labora- 
tories Co., Philadelphia, Fa., alleging shipment by said defendant in violation 
of the Food and Drugs Act, on or about September 16, 1988, from the State of 
Pennsylvania into the State of New Jersey, of a quantity of Pinip (liquid) which 
was adulterated and misbranded and of quantities of Pinip Laxative Cold 
Capsules which were misbranded.
Analysis of a sample taken from one of the shipments of Pinip Laxative Cold 
Capsules showed that each capsule contained a minimum of 3.03 grains of aceto- 
phenetidin, a minimum! of 1.30 grains of acetanilide, and approximately 20 units of 
vitamin C. The product in this shipment was alleged to be misbranded in that 
it contained approximately 3 grains of acetophenetidin, a derivative of acetanilide, 
per capsule and the label did not bear a statement of the quantity or proportion 
of acetophenetidin contained therein. It was alleged to be misbranded further 
in that the statement on the label, "Each capsule contains 1 grain Acetanilide" 
was false and misleading since each of said capsules contained more than 1 grain 
of acetanilide, namely, not less than 1.3 grains. It was alleged to be misbranded 
further in that certain statements in the labeling regarding its curative and 
therapeutic effects falsely and fraudulently represented that it was effective for 
the purpose of lessening the acidity of the body and facilitating the absorption 
of the active vitamin principles of citrus fruits and effective to enable the patient 
to derive the benefits of the vitamin principle of citrus fruits.
The Laxative Cold Capsules in the remaining shipment were alleged to be 
misbranded in that each capsule contained approximately 2 grains of acetophe- 
netidin, a derivative of acetanilide, and the package containing them did not bear 
a statement on its label of the quantity or proportion of acetophenetidin contained 
therein.
The Pinip Liquid was alleged to be adulterated in that its strength fell below 
the professed standard or quality under which it was sold in that it was labeled 
(bottle) "Fortified With 1000 Units Vitamin D"; whereas the contents of the 
said bottle contained less than 1,000 units of vitamin D, namely, approximately 
250 U. S. P. units of vitamin D.
It was alleged to be misbranded in that the statement "Fortified With 1000 
Units Vitamin D," borne on the bottle label, was false and misleading since the 
contents of each of said bottles did not contain 1,000 units of vitamin D.
On October 13, 1939, the defendant entered a plea of nolo contendere and the 
court imposed a fine of $25.
GBOVER B. HAYS, Acting Secretary of Agriculture.