There was no

tion in question contained some peroxide. statement on the label as to the quantity or proportion," nor does the Act require any such statement in the case of peroxide. Certainly, then, the label was not false. But the infor mation alleges that the label is 'false and miseading,' in that the words 'Peroxide Cream' represent that peroxide is an important ingredient, and tend to lead the purchaser to believe that peroxide is an important ingredient of the article, whereas, in truth and in fact, the article then and there contained only an indication of a very small quantity of some peroxide, which said quantity is insignificant." It is asserted (and it is a fair inference) that the label tends to lead purchasers to believe that peroxide is present to such extent that the antiseptic and healing qualities of peroxide may be obtained from its use; and it is argued that such is not the fact, and therefore the label is misleading. In other words, the government contends that the statement on the label with reference to the remedial effect of the article is a misbranding within the meaning of the Act, because the article is, in fact, ineffectual for the purpose indicated. Assuming that the information is sufficient as a pleading to raise such an issue, this contention is based upon an entire misconception of the scope and purpose of the Act. The purpose was to protect the public against deception in the purchase of drugs and food by punishing adulteration and misbranding as therein defined. If the label on a drug is not false or misleading in any of the particulars enjoined or prohibited by section eight, no offense is committed under that section.''4

2 The statute declares it to be a misbranding "if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, cannabis indica, chloral hydrate or acetanilide, or any derivative or prep

aration of any substance contained therein." Section 8.

3 Citing In re Wilson, 168 Fed. 566 and United States v. Boeckmann, 176 Fed. 382.

4 United States V. American Druggists' Syndicate, 186 Fed. 387.

ART. IV. DRUG AND MEDICINE DECISIONS.

SEC.

476. Vermouth.

477. Wine of Coca.

477a. Wintergreen extract.

SEC.

478. Wiseola.

479. Witch Hazel.

§ 409. Acetanilid-Ascentenloid.

A representation that a preparation contained ascentenloid, when it did not, but did contain acetanilid, is misleading.1

§ 409a. Ammon Phenyl.

A drug product was labeled as follows: "Ammon Phenyl, Trade Mark, Antipyretic Antiseptic, Antineuralgic, Antiseptic Puritas et Potentia. Non Plus Ultra Stimulant, Laxative, International Chemical Company, New York, U. S. A. Keep Iwell corked and beware of substitutes. For Physi

cians' Prescriptions only. 1 oz. 5-grain Tablets Ammon Phenyl. Ammoniated Pheno Acetyl, C,H,NH2, Stimulant, Antipyretic, Analgesic, Antineuralgic, Antiseptic, Antirheumatic, Antispasmodic, Expectorant, Antacid, Sedative, Hypnotic, etc. Dose. Five to fifteen grains, according to age. (0.33-1 gr.) Manufactured only by the International Chemical Co., New York, U. S. A., London, Paris, Vienna, Berlin, Amsterdam, Brussels, Milan, St. Petersburg, Montreal, Madrid, Mexico, Geneva, Melbourne, Buenos Ayres, Lisbon, Stockholm, Calcutta, Rio Janeiro." Packed with the product was a circular which contained the following statements: "Ammon Phenyl is one of the acetyl derivatives of aniline of the Amido-Benzene Series whose base is C,H,NH2, combined by our own special chemical process with ammonia. The presence of ammonia tends to overcome the depressing effects usually observed in the other Coal Tar derivatives, such as Antipyrine, Phenacetine, Acetanilide, etc., and it can be used in conditions of vital depression where these drugs would be contraindicated. Cyanosis and Collapse never appear after its use. Uses. In Pneumonia, Phthisis, Influenza, Typhoid Fever, Epilepsy, Erysipelas, Opium Habit, Convulsion of Infants, Rheu1 N. J. 708; N. J. 707; N. J. 449.

matism (Acute or Chronic), Senile Gangrene, Scarlatina, Diphtheria, Angina Pectoris, in Weak, Irritable or Dilated Heart. In Croupous Pneumonia it has been observed that it not only reduces the temperature, but has a favorable influence on the pathological process in the lung, while the ammonia as is well known, has a tendency to prevent blood clot in the ventricle, a very frequent cause of death in this disease. A sample was analyzed by the Bureau of Chemistry, United States Department of Agriculture, and it was found to contain acetanilid, sodium bicarbonate, and ammonium carbonate. As the findings of the analyst and report thereon. indicated that the product was misbranded within the meaning of the Food and Drugs Act of June 30, 1906, a criminal information was filed in the District Court of the United States for the District of New Jersey, charging the drug product was misbranded because the statement appearing in the label and circular that the product was "one of the acetyl derivatives of aniline of the Amido-benzene series, whose base is C,H,NH2, combined by our own special process with ammonia," obscured the real origin and nature of the product, in fact but a mixture of acetanilid, sodium bicarbonate, and ammonium carbonate, and not a chemical compound; in that the statement "The presence of ammonia tends to overcome the depressing effects usually observed in other coal tar derivatives, such as Antipyrine, Phenacetine, Acetanilide, etc., was false and misleading, as the preparation does possess the depressing effects of acetanilid; and in that the statements following the word "Uses," in the circular above referred to as to the therapeutic properties of the preparation, were false and misleading, as the product is not capable of effecting the beneficial physiological results therein claimed for it, but would in many of the disorders enumerated prove harmful, and its use would be contraindicated. The defendant entered a plea of non vult to the above information, whereupon the court imposed a fine.1

1 N. J. 942.

§ 410. Anadol.

A drug was labeled as follows: "Anadol. Antipyretic and Anodyne. Useful in Neuralgia, Typhoid Fever, La Grippe, Sciatica, Acute Rheumatism, Hernicrania; also Headache and allied affections. It reduces temperature and relieves pain without subsequent ill effects. Dose-Three or ten grains, or one or two tablets. Can be safely used in from twenty to sixty grains during twenty-four hours. Wheeler Chemical Works, Chicago, Ill., Guaranteed Serial No. 10249."

Samples from this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, with the following results: 0.2531 substance gave, caffein 1.33 percent, acetanilid 82.72 percent, equivalent to 361.9 grains per ounce; 0.3009 substance gave, caffein 1.29 percent, acetanilid 82.75 percent, equivalent to 362 grains per ounce. This drug was held to be mislabeled.1

§ 411. Analgine Tablets.

A substance labeled "Analgine Tablets," which contains acetanilid, and which does not show the quantity or proportion of the acetanilid contained in it, is not correctly labeled.1

§ 412. Aniseed Syrup.

A substance was labeled as follows: "Gauvin's Aniseed Syrup.. Each fluid ounce contains 14 grain of acetate of morphine and 6% of alcohol. J. A. E. Gauvin, Dispensing Chemist, 850 St. Catherine St., East Montreal, Branch Lowell, Mass." "Gauvin's Syrup of Aniseed is preeminently the Children's Remedy. It cures colic, dysentery, coughs and colds. Gauvin's Syrup of Aniseed always brings relief and is quite harmless. It differs from the majority of remedies claiming to be of the same character in containing nothing injurious to the health. It does not hurt either the digestion

1 N. J. 795. So far as the statements concerning its curative powers are concerned, the statement

did not fall within the provisions of the statute. See § 406.

1 N. J. 276.