31140. Adulteration and misbranding of Iron, arsenic, and strychnine, and of 
Rumen Stimulant; Misbranding of San-O-Fern and Mastitis Ointment. 
U.  S. v.  J. F. Devine Laboratories,  Inc.    Plea of grullty.    Fine, $400.
(F. & D. No. 42650.    Sample Nos. 842-D, 7538-D, 10328-D, 14396-D, 14522-D.)
This case involved two shipments of iron, strychnine, and arsenic of which 
both lots were deficient in strychnine sulfate and one was also deficient in 
arsenic trioxide; one shipment of Rumen Stimulant which contained less ba- 
rium chloride than declared, and one shipment each of San-O-Fern and Mastitis 
Ointment the labeling of which bore false and fraudulent curative and 
therapeutic claims.
On August 15, 1940, the "United States attorney for the Southern District of 
New York filed an information against the J. F. Devine Laboratories, Inc., 
Goshen, N. Y., alleging shipment within the period from on or about December 
8, 1937, to on or about February 2, 1938, from the State of New York into the 
States of Maine, North Carolina, New Jersey, Vermont, and New Hampshire of 
quantities of the __ahove-named drugs which were adulterated and/or 
misbranded.
Analyses showed that the San-O-Fern consisted essentially of small propor- 
tions of oleoresin of male fern, santonin, calomel, and chloroform; and that the 
Mastitis Ointment contained small proportions of iodine and sulfuric acid 
incorporated in a lanolin base.
The iron, arsenic, and strychnine was alleged to be adulterated in that its 
strength fell below the professed standard and quality under which it was 
sold in that each fluid ounce of the article was represented to contain 1 grain 
of strychnine sulfate and 1 grain of arsenic trioxide; whereas each fluid ounce 
contained less than 1 grain of strychnine sulfate, samples taken from the two 
shipments having been found to contain 0.85 grain and 0.58 grain, respectively, 
of strychnine sulfate and one shipment contained less than 1 grain, namely, not 
more than 0.54 grain of arsenic trioxide. The article was alleged to be mis- 
branded in that the statement "Each fluid ounce represents Strych. Sulf. 1 Gr.," 
with respect to both shipments, and the statement "Arsenic Triox. 1 Gr." 
with respect to one of the shipments, borne on the labels, were false and 
misleading since the article in both shipments contained less than 1 grain of 
strychnine sulfate per fluid ounce and in one of the shipments it contained 
less than 1 grain of arsenic trioxide per fluid ounce.
The Rumen Stimulant was alleged to be adulterated In that its strength fell 
below the professed standard and quality under which it was sold in that 
each ounce was represented to contain 30 grains of barium chloride; whereas 
each ounce contained less than so represented, namely, not more than 21.1 
grains of barium chloride. It was alleged to be misbranded in that the state- 
ment, "Each ounce of Rumen Stimulant contains approximately: * * * 
Barium Chloride 30 Gr.," borne on the label, was false and misleading since 
each ounce of the article did not contain 30 grains of barium chloride but did 
contain a smaller amount.
San-O-Fern was alleged to be misbranded in that certain statements on the 
label, regarding its curative and therapeutic effects, falsely and fraudulently 
represented that it was effective among other things as a treatment for round- 
worms (ascarids).
The Mastitis Ointment was alleged to be misbranded in that certain state- 
ments on the label regarding its curative and therapeutic effects falsely and 
fraudulently represented that it was effective as a treatment for "Mastitis 
*   *   *    (Garget 'Caked Bag')."
On September 25, 1940, a plea of guilty was entered on behalf of the 
defendant and the court imposed a fine of $50 on each of the eight counts, 
the total fines amounting' to $400.
The case reported herewith, commenced prior to June 30, 1940, were insti- 
tuted in the United States District Courts by the United States attorneys acting 
upon reports submitted by direction of the Secretary of Agriculture; and those 
commenced on and after that date were similarly instituted upon reports sub- 
mitted by direction of the Federal Security Administrator.
WATSON B. MILLER, Acting Administrator, Federal Security Agency. 
Washington, D. 0., January It, 19^3.