30984* Adulteration and misbranding of fluidextract of digitalis. XJ. S. v. One 
Bottle of Fluidextract of Digitalis. Default decree of condemnation 
and destruction.    (F. & D. No. 45155.   Sample No. 58450-D.)
Test of this product showed that it possessed a potency of not more than 44 
percent of that indicated by its labeling.
On April 7, 1939, the United States attorney for the Middle District of Ten- 
nessee, acting upon a report by the Secretary of Agriculture,' filed in the district 
court a libel praying seizure and condemnation of one bottle of fluidextract of 
digitalis at Nashville, Tenn.; alleging that the article had been shipped in 
interstate commerce on or about January 11, 1939, by Eli Lilly & Co. from 
Indianapolis, Ind.; and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: "Fluid Extract 
* * * Digitalis * * * Physiologically Standardized—1 cc. represents 
1 Gm. of the dried leaf. * * * Tincture Digitalis, U. S. P. P. Ext Digi- 
talis  50 cc. Alcohol 325 cc. Water 125 cc. Mix."
Adulteration was alleged in that the strength of the article fell below the 
professed standard as set out on the label under which it was sold since 1 cubic 
centimeter of the article did not represent 1 gram of dried digitalis leaf, and 
a mixture of the article with alcohol and water as directed on the label would 
not result in the production of tincture of digitalis meeting the requirements of 
the United States Pharmacopoeia for such tincture.
Misbranding was alleged in that the statements quoted on the labeling were 
false and misleading since 1 cubic centimeter of the article did not represent 1 
gram of dried digitalis leaf and a mixture of the article with alcohol and water 
would not result in tincture of digitalis meeting the requirements of the United 
States Pharmacopoeia.
On December 28, 1939, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
GEOVEB B. HILL, Acting Secretary of Agriculture.