?54. Adulteration and misbranding of miscellaneous drugs. U. S. v. 223 Vases of
Miscellaneous Foods, Drugs, and Cosmetics. Decree of condemnation.
Products ordered released under bond for reprocessing and relabeling
good portion.    (F. D. C. No. 8509.    Sample No. 28246-F.)
Some of these products had been water-damaged and others were very old
and deteriorated. They included, among other items, proprietary medicines
and surgical dressings.
On October 5, 1942, the United States attorney for the Northern District of
Georgia filed a libel against 223 cases of miscellaneous foods, drugs, and cos-
metics at Atlanta, Ga., alleging that the articles had been shipped on or about
September 16, 1942, by Wells and Harris from Norfolk, Va.; and charging that
the drug items were adulterated and misbranded.
The drug items were alleged to be adulterated in that water had been mixed
therewith so as to reduce their quality.
They were alleged to be misbranded (1) in that the labeling of some of the
items contained false and misleading statements regarding the curative or
therapeutic effects of the articles; (2) in that some of the items failed to bear
labels containing an accurate statement of the quantity of contents of the pack-
ages; (3) in that the labels of some of the items did not bear the common or
-usual name of the active ingredients of the articles; and (4) in that the labeling
of some of the items did not bear adequate warnings against use in those patho-
logical conditions wherein their use might be dangerous to health, or against
unsafe dosage or duration of administration, in such manner and form as are
necessary for the protection of users.
The food and cosmetic items were alleged to be adulterated under the provisions
of the law applicable to foods and cosmetics as reported in the notices of judg-
ment on foods and on cosmetics.
On October 12, 1942, John W. Harris, claimant, having admitted the allega-
tions of the libel, judgment of condemnation was entered and the products were
ordered released under bond for segregation and destruction of the unfit portion,
and for reprocessing and relabeling of the good portion under the supervision of
the Food and Drug Administration.