30226. Adulteration and misbranding of Gilmore's Ointment of Mercury Oxide,
and Gilmore's Ointment Holocain. U. S. v. Don Gilmore Laboratories, 
Inc. Plea of nolo contendere. Fine, $25. (F. & D. No. 39802. Sample 
Nos. 37051-C, 37052-C.)
The former of these products was labeled to indicate that it was yellow 
mercuric oxide ointment, a product recognized in the United States Pharma- 
copoeia ; whereas it contained less mercuric oxide than required by the pharma- 
copoeia for yellow mercuric oxide ointment and less than declared on its label. 
The latter product contained a smaller amount of holocain than declared on the 
label.
On November 26, 1937, the United States attorney for the Northern District 
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Don Gilmore Laboratories, Inc., Cleveland, 
Ohio, alleging shipment by said company in violation of the Food and Drugs 
Act as amended, on or about May 11, 1936, and May 17, 1937, from the State 
of Ohio into the State of "West "Virginia of quantities of the above-named prod- 
ucts which were adulterated and misbranded. They were labeled: "Gilmore's 
No. 2 Ointment Mercury Ox. Flav.," and "Gilmore's No. 29 Ointment Holocain 
2%."
The No. 2 ointment was alleged to be adulterated in that it was sold under a 
name recognized in the United States Pharmacopoeia but differed from the 
standard of strength, quality, and purity as determined by the tests laid down 
therein, since it contained less than 0.9 percent, namely, not more than 0.66 
percent of mercuric oxide; whereas the pharmacopoeia provides that yellow mer- 
curic oxide ointment shall contain not less than 0.9 percent of mercuric oxide 
and the standard of strength, quality, and purity of the article was not declared 
on the container. It was alleged to be adulterated further in that its strength 
and purity fell below the professed standard and quality under which it was 
sold since it was represented to contain 2 percent of yellow mercury oxide; 
whereas it contained not more than 0.66 percent of yellow mercury oxide. Mis- 
branding was alleged in that the statement on the label, "Contains Mercury 
Yellow Oxide 2%," was false and misleading.
The No. 29 ointment was alleged to be adulterated in that its strength and 
purity fell below the professed standard and quality under which it was sold 
since it was represented to contain 2 percent of holocain; whereas it contained 
less than represented, namely, not more than 1.45 percent of holocain. Mis- 
branding was alleged in that the statement on the label, "Holocain 2%," was 
false and misleading.
On February 3, 1939, a plea of nolo contendere having been entered on behalf 
of the defendant, the court imposed a fine of $25.
HARRY L. BROWN, Acting Secretary of Agriculture.