31137. Adulteration and misbranding of Gestrone.    V. S. v. Pro-Medico Labora¬
tories, Inc., and Samuel Heller.    Pleas of guilty.    Fine, $200.     (F. & D.
No. 42767.    Sample No. 51247-D.)
The potency of this product did not exceed one-seventh of that declared on 
the label.
On February 19, 1940, the United States attorney for the Eastern District 
of New York filed an information against the Pro-Medico Laboratories, Inc., 
Brooklyn, N. Y., and Samuel Heller, alleging shipment on or about April 6, 1939, 
from the State of New York into the State of Pennsylvania of a quantity of 
Gestrone which was adulterated and misbranded. The article was labeled 
in part:  "A Pro-Medico Product Gestrone."
The article was alleged to be adulterated in that its strength fell below the 
professed standard and quality under which-it was sold since it was represented 
to possess a potency of not less than 125 rat units per cubic centimeter; whereas 
it possessed a potency equivalent to not more than 17 rat units per cubic 
centimeter:
It was alleged to be misbranded in that the statement, "physiologically stand- 
ardized to a potency of not less than 125 rat units per cc," borne on the label, 
was false and misleading since it represented that the article had been physio- 
logically standardized to a potency of not less than 125 rat units per cubic 
centimeter; whereas it possessed a potency equivalent to not more than 17 rat 
units per cubic centimeter.
On March 11,1940, pleas of guilty having been entered on behalf of the defend- 
ants, they were each sentenced to pay a fine of $50 on each of the two counts 
of the information, the total fines amounting to $200.