24108. Adulteration    and misbranding of   tincture   opium    camphorated
(paregoric). - U. S. v. 394 One-Pint Bottles of Tincture Opium 
Camphorated (Paregoric). Default decree of condemnation and 
destruction.     (F. & D. no. 343S2.     Sample no. 4537-B.)
This case involved an interstate shipment of tincture opium camphorated 
which was represented to conform to the requirements of the United States 
Pharmacopoeia, but which contained a smaller proportion of opium than the 
pharmacopeoial product.
On or about November 16, 1934, the United States attorney for the District 
of Maryland, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 394 pint 
bottles of tincture of opium camphorated at Perry Point, Md., alleging that 
the article had been shipped in interstate commerce on or about October 23, 
1934, by B. R. Elk & Co., Inc., from Garfield, N. J., and charging adulteration 
and misbranding in violation of the Food and Drugs Act. The article was 
labeled in  part:  "Tincture  Opium  Camphorated   (Paregoric)   U.  S.  P.  X.
* *   *   Opium 0.4%."
The article was alleged to be adulterated in that it was sold under a name 
recognized in the United States Pharmacopoeia, and differed from the stand- 
ard of strength, quality, and purity as determined by the test laid down in the 
said pharmacopoeia, and its own standard was not stated on the label
Misbranding was alleged for the reason that the statement on the label, 
"Tincture Opium Camphorated (Paregoric) U. S. P. X. * * * 0.4%", 
was false  and misleading.
On January 8,1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.