458. Adulteration of ampuls of triple distilled water.     U. S. v. 4 Boxes of Ampuls
of Triple Distilled Water.     Default deeree of condemnation and destruc-
tion.     (F. D. C. No. 4399.    Sample No. 57061-E.)
Samples of this triple distilled water were found to contain viable mold.
On April 18, 1941, the United States attorney for the Eastern District of
Missouri filed a libel against 4 boxes, each containing 25 ampuls of triple dis-
tilled water at Kirkwood, Mo., alleging that the article had been shipped in
interstate commerce on or about March 6, 1941, by the Zeigler Pharmacal Co.
from Buffalo, N. Y.; and charging that it was adulterated.
The article was alleged to be adulterated in that it consisted in part of a
filthy substance, namely, mold. It was alleged to be adulterated further in
that it purported to be a drug the name of which is recognized in an official
compendium, the National Formulary, and its quality and purity- fell below
the standard set forth in such compendium since it contained micro-organisms;
whereas the National Formulary requires that triple distilled water shall be
free from micro-organisms.
On May 17, 1941, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.
Nos. 459 and 460 report the seizure and disposition of Hart's Asthma Medi-
cine which was contaminated with mold growth; and the labeling of which
failed to bear adequate warning statements and did bear false and misleading
therapeutic claims.