30995. Adulteration and misbranding of codeine  sulfate tablets.    U. S. v. be
W.  S.  Merrell  Co.     Plea of nolo  contendere.     Fine, 8200.     (F. & D.
No. 42792.    Sample Nos. 37259-D, 37260-D, 47494-D, 63941-D, 63942-D.)
This case involved shipments of a product purported to be codeine sulfate 
tablets but which was in fact morphine sulfate tablets.
On March 4, 1940, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed an informa- 
tion against the W. S. Merrell Co., a corporation trading at Cincinnati, Ohio, 
alleging shipment by said company in violation of the Food and Drugs Act 
within the period from on or about January 13 to on or about February 16, 
1939, from the State of Ohio into the States of Missouri, Kansas, and Virginia, 
respectively, of quantities of alleged codeine sulfate tablets which were adul- 
terated and misbranded. The article was labeled in part: "Codeine Sulphate 
(Opium derivative)   % Grain."
Adulteration was alleged in that the article was sold under a name recog- 
nized in the National Formulary but its strength, quality, and purity differed 
from the standard of strength, quality, and purity of tablets of codeine sulfate 
as determined by the tests laid down in the said formulary in that it contained 
no codeine sulfate but did contain morphine sulfate.
It was alleged to be misbranded in that the statement "H. T. * * * 
Codeine Sulphate," borne on the bottle label, was false and misleading since 
the said article did not consist of codeine sulfate but did consist of morphine 
sulfate tablets. It was alleged to be misbranded further in that it was offered 
for sale and sold under the name of another article, namely, "H. T. * * * 
Codeine Sulphate," and in that it contained morphine and the label on the 
package failed to bear a statement of the quantity or proportion of morphine 
contained therein.
On March 8, 1940, a plea of nolo contendere was entered on behalf of the 
defendant, and the court imposed a fine of $200 on each of the six counts of 
the information but suspended payment on all counts but the first.
GROVER B. HILL, Acting Secretary of Agriculture.