347. Adulteration and misbranding of sandalwood oil.    U. S. v. Alfred G. Hoffman
(trading as Red Mill Drug Co.). Plea of guilty. Defendant sentenced
to 10 months' imprisonment, sentence suspended and defendant placed on
probation for 1 year. (F. D. C. No. 2079. Sample Nos. 77631-D, 77632-D,
86606-D to 86608-D, incl.)
This product differed from the pharmacopoeial standard in the following
respects: It yielded less than 90 percent of alcohols calculated as santalol, it
did not have the characteristic odor of sandalwood, and was not soluble in 5
volumes of 70 percent alcohol. It also differed from the standard with respect
to its specific gravity, optical rotation, and refractive index.
On November 7, 1940, the United States attorney for the Eastern District of
New York filed an information against Alfred C. Hoffman, trading as the Red
Mill Drug Co. at Brooklyn, N. Y., alleging shipment within the period from on
or about August 25 to on or about October 24, 1939, from the State of New
York into the States of Pennsylvania and Massachusetts of quantities of sandal-
wood oil that was adulterated and misbranded.
The article was alleged to be adulterated in that it purported to be or was
represented as a drug the name of which is recognized in the United States
Pharmacopoeia; but its strength differed from, and its quality and purity fell
below the standard set forth in that compendium, and its difference in strength,
quality, and purity from such standard was not plainly stated on its label.
It was alleged to be misbranded in that the statement "Pure East India
(U. S. P.) Sandalwood Oil" with respect to all lots, and the statement "Each
Capsule Contains 5 Minims" with respect to one lot, borne on the labels, were
false and misleading in that they represented that the article was sandalwood
oil which conformed to the standard laid down in the United States Pharma-
copoeia, and that in the case of one of the lots each capsule contained 5
minims thereof, whereas it was not sandalwood oil which conformed to the
standard laid down in such compendium, and the capsules in one lot contained
less than 5 minims thereof. It was alleged to be misbranded further in that
it was an imitation of sandalwood oil and was offered for sale under the name
of another article, i. e., "Pure East India (U. S. P.) Sandalwood Oil."
The information also charged the defendant with various other shipments of
sandalwood oil that was adulterated and misbranded in violation of the Federal
Food and Drugs Act of 1906, as reported in notices of judgment published under
that act.
440180'
On January 7, 1941, a plea of guilty having been entered, the court sentenced
the defendant to 10 months' imprisonment on the 10 counts covering violations
of the Federal Food, Drug, and Cosmetic Act, but suspended sentence and placed
the defendant on probation for 1 year. (On each of the 8 counts charging
violation of the Federal Food and Drugs Act of 1906 the court imposed a fine
of $1.)