22375. Adulteration and misbranding of spirit of niter. 17. S. v. 60 Bot- 
tles of Spirit of Nitre, U. S. P. Default decree of condemnation 
and destruction.    (F. & D. no. 32573.    Sample no. 54692-A.)
This case involved a product labeled to convey the impression that it was 
sweet spirit of niter, a synonym for ethyl nitrite, a drug recognized in the 
United States Pharmacopoeia. Three samples of the article were found upon 
analysis to contain 2.89 percent, 2.29 percent, and 0.53 percent of ethyl nitrite, 
whereas the pharmacopoeia requires that spirit of ethyl nitrite shall contain 
not less than 3.5 percent of ethyl nitrite. All samples were found to contain 
less than 19 minims of ethyl nitrite, the amount declared on the carton, and one 
of the samples contained less than 10 minims of ethyl nitrite, the amount 
declared on the bottle label.
On April 19, 1934, the United States attorney for the Eastern District of Vir- 
ginia, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 60 bottles of spirit of niter 
at Norfolk, Va., alleging that the article had been shipped in interstate com- 
merce, on or about November 27, 1933, by Moorman & Co., Inc., from Balti- 
more, Md., and charging adulteration and misbranding in violation of the Food 
and Drugs Act.
It was alleged in the libel that the article was adulterated in that its strength 
fell below the standard or quality under which it was sold, namely: (Carton) 
" Spirit of Nitre U. S. P.   Each Fluid Ounce contains 19 Min. Ethyl Nitrite."
Misbranding was alleged for the reason that the following statements in the 
labeling were false and misleading: (Bottle) "Spots. Nitre U. S. P. * * * 
Contains 10 Min. Ethyl Nitrite per fl. oz."; (carton) " Spirit of Nitre U. S. P. 
Each Fluid Ounce Contains 19 Min. Ethyl Nitrite."
On May 18, 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.