20563.  Adulteration   and   Misbranding of   fluidextract   of   ginger.     U.S.   v. 
John A. Brinkley (B. & li. Distributing; Co.).   Plea of guilty.   Fine,
$10.     (F. & D. no. 28176.    I.S. nos. 027328, 027330, 027331, 027332.)
This case was based on three shipments of a bottled product, represented to be 
fluidextract of ginger of pharmacopoeial standard, that contained materially 
less of the soluble constituents of ginger than prescribed by the United States 
Pharmacopoeia, and one barrel of a product sold as liquid medicine, the label 
of which failed to declare the alcohol content. In one of the three lots of the 
bottled product the alcohol content was below the minimum prescribed by the 
pharmacopoeia, and also below the minimum declared on the label; in one lot 
the alcohol content exceeded the maximum prescribed by the pharmacopoeia.
On January 6, 1933, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid an information against 
John A. Brinkley, trading as the B. & L. Distributing Co., Cincinnati, Ohio, 
charging violation of the Food and Drugs Act. It was alleged in the informa- 
tion that the defendant had shipped, on or about March 22, 1930, from the 
State of Ohio into the State of Massachusetts, one barrel of " Liquid Medicine " 
that was misbranded, and had shipped on or about April 4 and April 10, 1930. 
from the State of Ohio into the State of Massachusetts, three lots of fluid-
extract of ginger that was adulterated and misbranded. The product in the 
barrel was labeled, " From Baird & Liebel Dist. Co., * * * Cincinnati, Ohio, 
Liquid Medicine in bulk * * * To Hub Products Co., Boston, Mass." The 
bottled product was labeled in part: " Fluid Extract of Ginger U.S.P. * * * 
B. & L. Distributing Co., Cincinnati, O." A portion was further labeled, 
"Alcohol 80 to 85% by volume."
Adulteration of the bottled product was alleged in the information for the 
reason that it 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 the test laid down in the said pharmacopoeia official at the time of 
investigation, since it did not yield from 1,000 grams the amount of soluble 
material yielded by 1,000 grams of powdered ginger, as prescribed by the said 
pharmacopoeia, and one lot contained more than 83 percent of alcohol, the 
maximum prescribed by the pharmacopoeia, and one lot contained less than 78 
percent, the minimum so prescribed; and the standard of strength, quality, and 
purity of the article was not declared on the label.
Misbranding of the bottled product was alleged for the reason that the state- 
ment, "Fluid Extract of Ginger U.S.P.", on the labels of all lots, and the 
statement, " Alcohol 80 to 85% by volume " on the label of one of the lots, were 
false and misleading, since the article did not conform to the standard laid down 
down in the pharmacopoe'a, and the said lot contained less than 80 percent 
by volume of alcohol. Misbranding of the product labeled " Liquid Medicine " 
and the lot of the bottled fluidextract of ginger which contained less alcohol 
than declared, was alleged for the reason that the article contained alcohol, 
and the label failed to bear a statement of the quantity or proportion of alcohol 
contained therein.
On January 12, 1933, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $10.
R. G. TUGWELL, Acting Secretary of Agriculture.