19494. Adulteration  and  Misbranding of tincture  aconite.     TJ.   S.  v.  Five
4-ounce Bottles of Tincture Aconite TJ. S. P. X. Standard.    Default 
deeree of condemnation, forfeiture, and destruction.     (F. & D. No.
27792.    I. S. No. 38192.    S. No. 5887.)
The tincture aconite in the shipment involved in this action was represented 
to be of pharmacopoeial standard. Samples examined were found to possess 
a potency of less than two-thirds of that required by the United States Phar- 
macopoeia, tenth revision, for tincture of aconite.
On March 7, 1932, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of five 4-ounce bottles of the said tincture aconite 
at New York, N. Y., alleging that the article had been shipped by Sharp & 
Dohme (Inc.), from Philadelphia, Pa., on or about February 4, 1932, and had 
been transported from the State of Pennsylvania into the State of New York, 
and charging adulteration and misbranding in violation of the food and drugs 
act.   The article was labeled in part: " Tincture Aconite U. S. P. X. Standard."
It was alleged in the libel that the article was adulterated in that it was sold 
under a name recognized in the United States Pharmacopoeia, and differed 
from the standard of strength as determined by the test laid down in the said 
pharmacopoeia, in that it had a potency of less than two-thirds of that required 
by said standard.
Misbranding was alleged for the reason that the statements on the label, 
"Tincture Aconite U.S. P.X. Standard (Tinctura Aconiti) * * * biolog- 
ically standardized," were false and misleading.
On April 1, 1932, no claimant having appeared for the property, 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.