22651. Adulteration and misbranding of sodium cacodylate ampoules.    V. S.
v. Pitman-Moore Co.    Plea of guilty.     Fine, $100.     (F. & D. no. 30341. 
Sample nos. 6011-A, 6012-A, 6014-A.)
This case was based on an interstate shipment of three lots of sodium caco- 
dylate ampoules labeled as containing 3, 5, and 7% grains, respectively, of 
sodium cacodylate per 100 cubic centimeters. Samples taken from each lot 
were found to contain less sodium cacodylate than declared on the label.
On February 23, 1934, the United States attorney for the Southern District 
of Indiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Pitman-Moore Co., a corporation, 
Indianapolis, Ind., alleging shipment by said company in violation of the Food 
and Drugs Act, on or about July 15, 1932, from the State of Indiana into the 
State of Ohio, of quantities of sodium cacodylate ampoules which were adulter- 
ated and misbranded. The article was labeled in part: (Carton) "Each Cc 
contains: Sodium Cacodylate 3 grs. [or "5 Grs." or "7% Grs."] * * * 
Pitman-Moore Co. Indianapolis."
It was alleged in the information that the article was adulterated in that its 
strength and purity fell below the professed standard and quality under which 
it was sold, in that the ampoules were represented to contain, in each cubic 
centimeter, 3 grains, 5 grains, or 7% grains of sodium cacodylate; whereas 
they contained a less amount, the alleged 3-grain ampoules containing not more 
than 2.757 grains, the alleged 5-grain ampoules containing not more than 4.08 
grains and the alleged 7%-grain ampoules containing not more than 6.71 grains 
of sodium cacodylate per 100 cubic centimeters.
Misbranding was alleged for the reason that the statements, " Each Cc con- 
tains Sodium Cacodylate 3 grs. [or "5 Grs." or "7% Grs."] ", borne on the 
box,, and " Ampouls 1 Cc. contains Sodium cacodylate 3 grs." [or " 5 grs." or 
" Ark grs."] ", bornŠ on the ampoule label, were false and misleading, since the 
ampoules contained a smaller amount of sodium cacodylate than was declared.
On May 12, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $100.
M. L. WILSON, Acting Secretary of Agriculture.