17765. Adulteration and Misbranding of fluid extract ginger.    U.  S. v.  66
Bottles of Fluid Extract Ginger. No claim entered. Verdict for 
tbe Government. Decree of condemnation, forfeiture, and de- 
struction.     (F. & D. No. 25051.    I. S. No. 035403.    S. No. 3228.)
Examination of samples of fluid extract of ginger having shown that the 
article contained oil not derived from ginger and that it was deficient in 
ginger extractives, the herein-described interstate shipment of a quantity of
the  product   was  reported  to  the  United   States  attorney  for   the  Western 
District of Louisiana.
On June 9, 1930, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 66 bottles of fluid extract of ginger, remaining in the original 
unbroken packages at Monroe, La., alleging that the article had been shipped 
by the York Distributing Co., Brooklyn, N. Y., on or about March 15, 1930, 
and had been transported from the State of New York into the State of 
Louisiana, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was labeled in part: " Fluid Extract of Ginger 
U. S. P. Not over 83% Alcohol by Volume. * * * Packed by York Distrib- 
uting Co., Brooklyn, N. Y."
It was alleged in substance in the libel that the article was adulterated in 
that its strength and purity fell below the professed standard under which 
it was sold.
Misbranding was alleged for the reason that the cartons containing the 
article bore the statement "Fluid Extract of G nger U. S. P.," which was false 
and misleading, since the said article did not conform to the standard of the 
United States Pharmacopoeia.
On October 6, 1930, no claimant having appeared for the property and a 
jury having found the allegations of the libel to be true and correct, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.