22343.  Misbranding of Ergot-Apiol A. P. C.    TJ. S. v. IS Packages of Estra- 
diol A. P. C.    Default decree of condemnation and destruction-
(F. & D. no. 31982.    Sample no. 66241-A.)
Examination of the drug product involved in this case showed  that the 
article contained no ingredient or combination of ingredients capable of pro- 
ducing certain curative and therapeutic effects claimed on the label.   The label 
of the article purported to state the formula, and failed to declare the presence- 
of powdered ergot, an active ingredient.
On or about February 15, 1934, the United States attorney for the District 
of Connecticut, acting upon a report by the Secretary of Agriculture, filed in- 
the district court a libel praying seizure and condemnation of 15 packages- 
of Ergot-Apiol A. P. C. at New Haven, Conn., alleging that the article had been- 
shipped in interstate commerce, on or about December 14, 1933, by the American, 
Pharmaceutical Co., Inc., from New York, N. Y., and charging misbranding in 
violation of the Food and Drugs Act as amended.
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of powdered ergot and other material derived from plants- 
including aloin, a nonvolatile oil such as apiol, and a volatile oil such as savin, 
oil.   Biological examination indicated the presence of active ergot alkaloids.
It was alleged in the libel that the article was misbranded in that the state- 
ment on the tin container, " Formula: Ergotin Bonjean, Apiol, Aloin Oil Rue,- 
Oil Savin ", was false and misleading, since it contained powdered ergot, an 
active ingredient, not stated in the formula. Misbranding was alleged for the 
further reason that the following statements regarding the curative or ther- 
apeutic effects of the article were false and fraudulent: (Tin container) " Usual 
dosage from one to two capsules three times a day. Prepared for use under 
physician's direction in the treatment of amenorrhea, dysmenorrhea and men- 
strual disorders."
On April 12, 1934, no claimant having appeared for the property, judgment 
of condemnation was entered and it was ordered by the court that the product 
be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.