30988. Adulteration  and misbranding of  santal  oil  capsules.     U.   S.  v.  6,720
5-Minim Capsules, 4,700 5-Minim Capsules, and 840 10-Minim Capsules 
of Santal Oil.   Default decrees of condemnation and destruction.    (F. &
D. Nos. 42377, 42436, 42437.    Sample Nos. 25238-D, 25241-D, 25242-D.)
This product was labeled to indicate that it was oil of santal; whereas it 
contained a derivative of phthalic acid, a benzyl compound, and terpineol, sub- 
stances foreign to oil of santal.
On May 13 and 23, 1938, the United States attorney for the Southern District 
of New York, acting upon reports by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 11,420 5-minim cap- 
sules and 840 10-minim capsules of santal oil at New York, N. Y.; alleging that 
6,720 5-minim capsules of the article had been shipped in interstate commerce 
on or about October 29, 1935, by Gelatin Products Co. from Detroit, Mich., and 
that the remainder had been shipped on or about April 25, 1938, by Levy 
Drugs, Inc., from Tampa, Fla.; and charging that the former shipment was 
misbranded and that the latter shipment was adulterated and misbranded in 
violation of the Food and Drugs Act The former shipment was labeled in part: 
"Capsules * * * Santal Oil, U. S. P. * * * (Pure) (East India) 
* * * Premo Pharmaceutical Laboratories Distributors"; the latter ship- 
ment was labeled in part: "Capsules * * * Santal Oil (Pure) (East 
India) * * * Premo Pharmaceutical Laboratories * * * New York, 
N. Y.   Sole Distributors."
The Premo Pharmaceutical Laboratories, the firm in possession of the goods 
at the time of seizure, was not the producer but was the distributor and held 
guaranties from the firm from which the drug was purchased that it was not 
adulterated or misbranded in violation of the Food and Drugs Act. In com- 
pliance with instructions from the distributor the oil had been delivered by the 
firm from which it was purchased, to certain firms for capsulation, which firms 
shipped it in interstate commerce, as alleged in the libels.
The shipment from Detroit was alleged to be misbranded in that the state- 
ment on the label, "Santal Oil * * * Santal Oil U. S. P. * * * (Pure) 
(East India)," was false and misleading since the article was not santal oil of 
U. S. P. quality in that it did not have the characteristic odor of santal oil, it 
was not soluble in 70 percent alcohol, and it contained a benzyl compound, a 
derivative of phthalic acid, and terpineol.
The shipment from Tampa was alleged to be adulterated in that its strength 
fell below the professed standard or quality under which it was sold, namely, 
"Santal Oil (Pure) (East India)," since it was not the volatile oil distilled 
with steam from the dried heartwood of Santalum album Linne, in that it 
contained a derivative of phthalic acid, a benzyl compound, and terpineol. The 
said shipment was alleged to be misbranded in that the statement on the label, 
"Santal Oil (Pure)  (East India)," was false and misleading.
On December 9, 1939, no claimant having appeared, judgments of condemna- 
tion were entered and the product was ordered destroyed.
GBOVEB B. HEX, Acting Secretary of Agriculture.