923. Adulteration  and misbranding  of aromatic  spirit  of ammonia,  and sweet
spirit of nitre. V. S. v. 18 Dozen Bottles of Aromatic Spirit of Ammonia
and 18 Dozen Bottles of Sweet Spirit of Nitre. Default decree of con-
demnation and destruction. (F. D. C. No. 7518. Sample Nos. 87895-E,
87896-E.)
On May 23, 1942, the United States attorney for the Eastern District of North
Carolina filed a libel against the above-named products at Littleton, N. C, alleging
that the articles had been shipped in interstate commerce on or about March 21,
1942, by the Baker Drug Corporation, Norfolk, Va.; and charging that they were
adulterated and misbranded.
Analysis of a sample of the aromatic spirit of ammonia showed that it con-
tained not less than 2.95 grams of total ammonia in each 100 cc. and not more than
58.2 percent of alcohol, whereas the United States Pharmacopoeia provides,
among other things, that each 100 cc. shall contain not more than 2.1 grams of
total ammonia and that the alcohol content shall be between 62 and 68 percent by
volume.
Examination of a sample of the sweet spirit of nitre showed that its specific
gravity was 0.8347 at 25? C. and that its ethyl nitrite content was extremely
variable, ranging from 0.77 percent to 2.09 percent, whereas the Pharmacopoeia
provides, among other things, that the article shall contain a specific gravity of
not more than 0.823 at 25? O. and shall contain not less than 3 percent of ethyl
nitrite.
The articles were alleged to be adulterated in that they purported to be drugs,
the names of which are recognized in an official compendium, and their strength
differed from the standards set forth in such compendium, and their difference
in strength from such standards was not stated on their labels.
They were alleged to be misbranded in that the name and address of the
manufacturer appeared in a very small size of type which, on some labels, was
practically illegible and was therefore not prominently placed upon the labels with
such conspicuousness, as compared with other words, statements, designs, or
devices, as to render it likely to be read and understood by the ordinary individual
under customary conditions of purchase and use.
On August 14, 1942, no claimant having appeared, judgment of condemnation
was entered and the products were ordered destroyed.