27296. Adulteration and misbranding of cream of tartar. IT. S. v. Max Heller (Expeller Chemical Co.). Plea of guilty. Fine, $50. (F. & D. no. 38594. Sample no. 72311-B.) This product was represented to conform to the standard laid down in the United States Pharmacopoeia but fell below such standard and its own standard was not declared. On April 1, 1937, the United States attorney for the Eastern District of New York, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Max Heller trading as the Exeller Chemical Co., at Brooklyn, N. Y., alleging shipment by said company in violation of the Food and Drugs Act on or about November 5, 1935, from the State of New York into the State of New Jersey of a quantity of cream of tartar that was adulterated and misbranded. The article was labeled in part: "Exeller Brand Cream of Tartar Pure U. S. P. Exeller Chemical Co. Brooklyn, N. Y." It was alleged to be adulterated in that it was sold under and by a name recognized in the United States Pharmacopoeia, and differed from the standard of strength, quality, and purity as determined by the test laid down in said pharmacopoeia official at the time of investigation since when dried to constant weight at 100° C, it contained less than 99.5 percent, namely, not more than 90.7 percent of potassium bitartrate, whereas the pharmacopoeia provides that potas- sium bitartrate, i. e., cream of tartar, when dried to constant weight at 100° C, shall contain not less than 99.5 percent of potassium bitartrate; and its own standard of strength, quality, and purity was not declared on the container. The article was alleged to be misbranded in that the statement "Cream of Tartar * * * U. S. P.", borne on the cans, was false and misleading since it represented that the article was cream of tartar that conformed to the standard laid down in the United States Pharmacopoeia; whereas it was not cream of tartar which conformed to said standard. On April 23, 3937, the defendant entered a plea of guilty and the court imposed a fine of $50. H. A. WALLACE, Secretary of Agriculture.