30238. Adulteration and misbranding of camphorated oil; Misbranding of olive 
oil. IT. S. v. Ralph Sachs (Sachs Manufacturing Co.). Plea of nolo 
contendere. Defendant fined $25 and costs and placed on probation for 
2 years. (F. & D. No. 42615. Sample Nos. 9581-D, 21204-D, 22429-D, 
22512-D, 22513-D, 24220-D, 24222-D.)
The camphorated oil was found to contain less than 19 percent of camphor, 
the minimum prescribed in the United States Pharmacopeia, samples from the 
three shipments having been found to contain 17.19, 17.6, and 16.88 percent, re- 
spectively, of camphor. Two of the three shipments, and various lots of Olive 
oil also covered by the case, were found to be short of the declared volume.
On January 7, 1939, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Ralph Sachs, trading as Sachs Manufactur- 
ing Co., Pittsburgh, Pa., alleging shipment by said defendant in violation of the 
Food and Drugs Act within the period from on or about January 11, 1938, to 
on or about April 4, 1938, of quantities of camphorated oil which was adulter- 
ated and misbranded, and olive oil which was misbranded. The articles were 
labeled in part, respectively: "A R O Pure Virgin Imported Olive Oil" and 
"A. R. O. Camphorated Oil U. S. P."
The camphorated oil was alleged to be adulterated in that it was sold under 
a name recognized by the United States Pharmacopeia and differed from the 
standard of strength, quality, and purity as determined by the test laid down 
in the pharmacopeia since that authority specifies that camphorated oil "con- 
tains * * * not less than 19 percent * * * of camphor"; whereas the 
article contained less than 19 percent of camphor, and its own standard of 
strength, quality, or purity was not stated on the container.
Misbranding of the camphorated oil was alleged in that the statements 
borne on the bottle labels, "Camphorated Oil U. S. P.," with respect to all lots, 
and "Contents 6 drams" and "Contents 2 oz," with respect to certain lots, were 
false and misleading in that they represented that the article conformed to 
the standard for camphorated oil prescribed in the United States Pharmacopoeia, 
and that the bottles in certain lots contained 6 drams and 2 ounces, respectively, 
of the said article; whereas the article did not conform to the standards 
prescribed by the United States Pharmacopoeia and the bottles in certain of 
the lots contained less than 6 drams and 2 ounces, respectively, of the article. 
Certain of the lots were alleged to be misbranded further in that the statement 
on the carton, "Guaranteed to comply with Pure Food Laws," was false and 
misleading in that it represented that the article complied with every provision 
of the Food and Drugs Act; whereas it did not comply with every provision of 
the Food and Drugs Act.
The olive oil was alleged to be misbranded in that the statement on the 
bottle label, "Contents 1% fl. oz.," was false and misleading and was borne 
on the label so as to deceive and mislead the purchaser, since the bottles did
not contain 1% fluid ounces but did contain a less amount. Misbranding of the 
olive oil was alleged further in that it was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package since the quantity stated was not correct.
On February 15, 1939, the defendant entered a plea of nolo contendere, and 
the court imposed a fine of $25 and costs on count I and placed the defendant 
on probation for 2 years on the remaining counts.
HABBT L. BROWN, Acting Secretary of Agriculture.