NOTICE OF JUDGMENT NO. 2716.
(Given pursuant to section 4 of the Food and Drugs Act.)
U. S. v. Fitzpatrick Drug Co.   Plea of guilty.   Fine, $50 and costs.
MISBRANDING OF PHOENIX  I)IARRH(EA MIXTURE  AND PHOENIX
SEMINOLA HAIR RESTORER.
On October 28, 1911, the United States Attorney for the Eastern 
District of Arkansas, acting upon a report by the Secretary of 
Agriculture, filed in the District Court of the United States for said 
district an information against Fitzpatrick Drug Co., a corporation, 
Helena, Ark., alleging shipment by said company, in violation of the 
Food and Drugs Act, on January 19, 1911, from the State of Arkan- 
sas into the State of Tennessee, of quantities of so-called Phoenix 
Diarrhoea Mixture and Phoenix Seminola Hair Restorer, which was 
misbranded. The ^products were labeled: (Diarrhoea mixture, on 
carton) " Phoenix Diarrhoea Mixture—Guaranteed under the Food 
and Drugs Act, June 30, 1906. Serial No. 2933. Fitzpatrick Drug 
Co." (On bottle) " Phoenix Diarrhoea mixture. Phoenix Mfg. Co., 
Helena, Arkansas." (Hair restorer, on carton) " Phoenix Geno- 
la Hair Kestorer—Phoenix Mfg. Co. Sole Proprietors, Helena, 
Arkansas." (On bottle) " Seminola Hair Restorer—Prepared only 
by Phoenix Mfg. Co., Helena, Ark."
Analyses of samples of the products by the Bureau of Chemistry 
of this Department showed the following results: Diarrhoea mixture: 
Alcohol (not declared on label), 19.00 per cent; solids (grams per 
100 cc), 13.296; ash (grams per 100 cc), 0.163; specific gravity at 
25° C, 1.0318; sugar, present; chloroform, absent; alkaloid, present; 
capsicum,- absent or not present in appreciable amount; this mixture
14307°—No. 2716—14
does not correspond to Dr. Squibb's Mixture as given in the National 
Formulary. Hair restorer: Alcohol (not declared on label) in first 
bottle, 8.5 per cent; alcohol (not declared on label) in second bottle, 7 
per cent; sulphur free, in first bottle opened (grams per 100 cc), 0.445; 
sulphur free, in second bottle opened (grams per 100 cc), 17.9907; 
lead, in first bottle opened, in solution, calculated as Pb (CaHgOsJz* 
3H20 (grams per 100 cc), 0.0708; lead in first bottle, not in solution, 
calculated as above (grams per 100 cc), 0.0362; lead, in second bottle 
opened, in solution, calculated as above (grams per 100 cc), 0.1008; 
lead, in second bottle opened, not in solution, calculated as above 
(grams per 100 cc), 0.5070; alkaloid, giving a test for quinine or 
quinidine (grams per 100 cc), not over 0.0056; bay rum, by odor, 
present. Misbranding of the products was alleged in the information 
for the reason that each of them contained alcohol and morphine as 
follows, to wit, one product was a hydro-alcoholic liquid, containing 
morphine, 0.0066 gram in 50 cc of the product, and sugar; codein in- 
dicated ; alcohol, 19 per cent; solids in 100 cc, 13,296 grams; and ash 
in 100 cc, 0.0163 gram; that the other product contained a hydro- 
alcoholic preparation, containing free sulphur, lead, cinchona, alka- 
loid, and bay rum, also about 8 per cent of alcohol.
On March 14, 1912, the defendant company entered a plea of 
guilty to the information and the court imposed a fine of $50 and 
costs.
Prosecution in these cases was recommended upon the ground that 
the diarrhoea mixture failed to bear a statement showing the quantity 
or proportion of alcohol and morphine contained therein, and the 
hair restorer failed to bear a statement on the label showing the 
quantity or proportion of alcohol contained therein.
C. F. MARVIN, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, October 7,1913.
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