1071. Adulteration and misbranding of zinc oxide ointment.    TJ. S. v. 354 Jars
of Zinc Oxide Ointment. Default decree of condemnation and destruc-
tion.     (F. D. C. No. 9923.     Sample No. 38279-F.)
On May 14, 1943, the United States attorney for the Northern District of
Illinois filed a libel against 354 1-pound jars of zinc oxide ointment at Hines,
111., alleging that the article had been shipped in interstate commerce on Feb-
ruary 13, 1943, by Trade Laboratories, Inc., from Newark, N. J.; 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, an official compendium, but its strength differed from the
standard set forth therein since the compendium provides that zinc oxide oint-
ment shall contain not less than 18.5 percent and not more than 21.5 percent
of zinc oxide, whereas the zinc oxide content of the article was extremely
variable, ranging from 12.8 percent to 22.65 percent, and its difference in strength
from the standard set forth in the Pharmacopoeia was not plainly stated on
its label.
It was alleged to be misbranded in that the designation "Zinc Oxide Ointment
U. S. P.," appearing in the labeling, was false and misleading.
On June 11,1943, no claimant having appeared, judgment of condemnation was
ente'red and the product was ordered destroyed.