19885. Misbranding1 and alleged Adulteration of fluidextract of ginger. 
U. S. v. 9 Dozen Bottles of Extract of Ginger. Default decree of 
condemnation and destruction. (F. & D. No. 28239. I. S. No. 21116. 
S. No. 6105.)
This action involved the interstate shipment of a quantity of fluidextract of 
ginger which fell below the standard prescribed by the United States Pharma- 
copoeia, containing castor oil and little, if any, material derived from ginger. 
The label of the article bore unwarranted curative and therapeutic claims.
On April 30, 1932, the United States attorney for the Eastern District of 
North Carolina, 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 nine dozen bottles of extract of ginger, in posses- 
sion of the transportation company at Fayetteville, N. C, alleging that the ar- 
ticle had been shipped in interstate commerce on or about April 21, 1930, by the 
Deluxe Packing Co., Brooklyn, N. Y., consigned to Conway, S. C, and charging 
adulteration and misbranding in violation of the food and drugs act as amended. 
The article was labeled in part: "Fluid Extract of Ginger, U.S.P."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the bottle label, " Fluid Extract of Ginger, U.S.P.," was false and mis-
leading. Misbranding was alleged for the further reason that the statements 
on the label, " Can be used in relieving cramps * * * is an aid in breaking 
up colds," were false and fraudulent. It was further alleged in the libel that 
the article was sold under a name recognized in the United States Pharma- 
copoeia, and differed from the standard of strength, quality, and purity as de- 
termined by tests laid down in the said pharmacopoeia, in that it did not con- 
tain in each 1,000 milliliters the alcohol-soluble constituents of 1,000 grams of 
ginger required by the pharmacopoeia, but did consist essentially of an oil such 
as castor oil dissolved in a mixture of alcohol, acetone and water, with little, 
if any material derived from ginger. This charge follows substantially the 
wording found in the definition of adulteration in paragraph 1, under drugs, of 
section 7 of the food and drugs act. The word " adulteration," however, was 
not used in the libel.
On September 21, 1982, no claimant having appeared for the property, judg- 
ment of condemnation was entered and it was ordered by the court that the 
product be destroyed by the United States marshal.
HENBT A. WALLACE, Secretary of Agriculture.