159. Adulteration and misbranding of quinine sulfate.    TJ. S. v. 132 Bottles of
Quinine    Sulfate.      Default    decree    of   condemnation   and   destruction.
(F. D. C. No. 1313.    Sample No. 84280-D.)
This product contained moisture in excess of the amount specified by the United
States Pharmacopoeia. The containers were deceptive since their contents
occupied only about 89 percent of the capacity of the bottles. Most of the bottles
examined contained less than the amount indicated by the label.
On or about January 15, 1940, the United States attorney for the Western
District of Arkansas filed a libel against 132 bottles of quinine sulfate at Port
Smith, Ark., alleging that the article had been shipped in interstate commerce on
September 18, 1939, by the Frank Tea & Spice Distributing Co. from Cincinnati,
Ohio; and charging that it was adulterated and. misbranded.
The article was alleged to be adulterated in that it purported to be and was
represented as a drug the name of which is recognized in the United States
Pharmacopoeia and its strength differed from and its quality fell below the
standard set forth in the said pharmacopoeia since the moisture content was 8.9
percent; whereas the pharmacopoeia specifies that quinine sulfate shall contain not
more than 5 percent moisture.
Misbranding was alleged in that representations appearing in the labeling
that the article was U. S. P. X. quinine sulfate and contained about 15 percent
water of crystallization and complied with tests laid down in the U. S. Pharma-
copoeia for quinine sulfate, were false and misleading. The article was alleged
to be misbranded further in that the statement "No. ?," borne on the wrapper
and carton, meant that the bottles contained V8 ounce, and was false and mislead-
ing since it was incorrect. It was alleged to be misbranded further in that the
containers were so made, formed, or filled as to be misleading.
On March 25, 1940, no claimant having appeared, judgment of condemnation
was entered and it was ordered that the product be destroyed.