nor the nervous system Samples from this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, and the product was found to be a hydro-alcoholic solution of morphin derivative, sugar, oil of anise flavoring, and undetermined matter. The drug was adjudged mislabeled.1

§ 413. Antimalarico, Ferro-China.

without an

A drug was labeled as follows: "Halt Maker equal The King of Appetizer An urgent necessity Supply yourself at once The Ferro-China Antimalarico is the most igienic of Bitters; it stimulates the appetite and promotes digestion Is the only Healt Maker Without an Equal. It as withstood the severe test of public approval for over ten years and because of its wonderful curative powers is now recognized as the leading family medicine of the day. That's why we urge you strongly to give it a trial, especially if you suffer from Indigestion, Dyspepsia, Flatulency, Nausea, Poor Appetite, Sick Headache, Biliousness, Costiveness, Malaria, or Female Troubles. You'll never find a better medicine to cure you. Thousands of men Women have said so and the following are a sample of the grateful letters we receive." An examination made by the Bureau of Chemistry, United States Department of Agriculture, of samples from this shipment, showed the product to contain 16.12 percent alcohol, and to contain no quinine. As it appeared from the findings of the analyst and report made that the product was misbranded within the meaning of the Food and Drugs Act of June 30, 1906, the drug was adjudged misbranded.1

§ 414. Apple Phosphate.

A quantity of apple phosphate was labeled as follows:

1 N. J. 773. So far as representations concerning its curative properties are concerned, this decision can not now be regarded as an authority; but the remainder of it stands. See § 406.

PURE FOOD-33.

1 N. J. 745. So far as the representations concerning its curative properties are concerned this decision is no longer an authority. See § 406.

"Samples of this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, with the following results: Alcohol by volume 7.41 percent, solids 3.22 percent, reducing sugars (after inversion) 1.70 percent, direct polarization +4.4°, invert polarization +4.4°, ash 0.125, alk. of sol. ash 10.9 cc, alk. insol. ash 4.0 cc, insol. ash 0.025, soluble ash by difference 0.00, P2O, in sol. ash 3.3 mg, P2O, in insol. ash 5.2 mg, total acidity (as malic) 0.412, volatile acid 0.022, fixed acids 0.362, reducing sugars direct 1.64." It was held that the product was both adulterated and misbranded.1

5

§ 415. Asafoetida.

2

A package labeled "Asafoetida" which contains much foreign matter can not be labeled "Asafoetida."" Such is the

case where nut hulls are mixed with it.2

§ 416. Asthma Cure.

A drug product was labeled as follows: "Dr. B. W. Hair's Asthma Cure Guaranteed under the Food and Drugs Act, June 30, 1906. Serial 3085. Of the drugs required to be named by the above Act the only one entering into this preparation is alcohol, of which it contains not to exceed 18 percent in volume. Prepared by Dr. B. W. Hair, Hamilton, 0. Price per bottle $1.00." Packed with the product was a circular on which the following statement, among others, appeared: "Follow directions. . . If strictly followed a cure may be surely expected." Samples from this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, and the product was shown to contain alcohol by volume 18.48 percent, nonvolatile material 9.15 percent, including 5.54 percent potassium iodide, and glycerine and water. It was held that this product was misbranded.1

1 N. J. 796.

1 N. J. 583.

2 N. J. 157.

tations concerning this drug's curative properties are concerned, this can not be regarded as an authori406.

1 N. J. 837. So far as represen- ty. See

§ 417. Az-Ma-Syde.

A drug product was labeled as follows: "Az-Ma-Syde (copyrighted). To cure asthma use only in Az-Ma-Syde atomizer, three times a day and during each attack. Follow directions in Az-Ma-Syde booklet carefully. Asthma Remedy & Mfg. Co. Cornelia, Ga." Cornelia, Ga." Samples from this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, and the product was found to be a dark brown liquid slightly alkaline in reaction with the odor of thymol, wintergreen and phenol, and containing 42 grains cocaine hydrochloride to the ounce and about 2 percent of alcohol. As the findings of the analyst and report made showed that the product was misbranded within the meaning of the Food and Drugs Act of June 30, 1906, it was adjudged misbranded.1

§ 417a. Balsam.

A product was labeled "Indian Tar Balsam," as a cough and croup cure. An analysis of it showed it to consist of about 60 percent oil (indicating tar), and an aqueous solution 40 percent, the oil floating and being partly volatile, with an odor of tar, and the aqueous solution containing morphine derivatives and some unimportant substances dissolved from the tar. It was held to be misbranded, because the label contained no statement of the morphine in it.1

§ 418. Beaver and Oil Compound.

The term "Beaver Oil Compound" signifies that it is compound of beaver oil, and if it is not an animal oil, but a gasoline solution of oleoresin of capsicum, oil of sassafras and a small percentage of nonvolatile matter not animal oil, it is mislabeled.1

1 N. J. 727. The representations that it will cure asthma can not now be considered in determining

whether the drug was mislabeled. See § 406.

1 N. J. 898.

1 N. J. 239.

§ 419. Bitters.

Bitters made in this country can not carry this label:

"Italy Fernet-Branca Dei Fratelli Branca E. Comp. Milano via Broletto N 35 Vecino Alla Chiesa di S. Tomaso Fernet-Branca Fili Branca Milan L. Gandolfi & Co., New York, Sole Importers for the U. S., Mex., Canada, Cuba and Porto Rico." 1

"Cocainized Pepsin

A product was labeled as follows: Cinchona Bitters, a true tonic and a speedy remedy for indigestion or dyspepsia, chronic diarrhoea, dysentery, colic, and flatulency, fever and ague, chronic affections of the urinary organs, asthma and bronchitis, very efficient in migraine, neuralgia, and in all morbid conditions due to depression of the nervous and cerebral systems. Prepared by R. W. Davis Drug Co., Chicago, U. S. A. Label Registered. This compound contains not more than 30 percent alcohol, bottled by R. W. Davis Drug Co. Guaranteed under the provisions of the Food and Drugs Act of June 30, 1906. This compound contains 5 percent of the extracts of roots, herbs, and spices, Syrup 2 percent, malaga wine 4 percent, essence of pepsin 1% of one percent, caramel 11⁄2 of one percent. It stimulates respiration and the brain by increasing its blood supply, increases the heart's action, and under its daily use, a considerable extra amount of labor can be borne without suffering. It will purify the blood. Bones, muscles and nerves receive new force ." Samples from this shipment were procured and analyzed by the Bureau of Chemistry, United States Department of Agriculture, and the product was found to be a light-brown liquid, consisting essentially of alcohol 26.8 percent, by volume, nonvolatile material 4.53 percent, including quinine and other alkaloids from extract of cinchona bark, cocaine and other alkaloids from extract of coca leaves, sugar, caramel, capsicum, tannin, and extractives; the balance of the product consisted of water and a small quantity of oil of cinnamon. The total alkaloids amounted to 0.005 percent. The presence of pepsin could not be established. As it appeared from the findings 1 N. J. 483.

.

of the analyst and report made that the product was misbranded within the meaning of the Food and Drugs Act of June 30, 1906, it was adjudged that it was misbranded.2 A drug product was labeled: "Fernet-Branca Dei Fratelli Branca E. Comp." An analysis of it showed it contained 47.5 percent alcohol, and of this 22 percent was of the kind known as ethyl and 78 percent of the kind known as methyl alcohol. The product was of domestic manufacture. It was held that it was misbranded. A drug product was labeled "Fernet-Milan Process Bitters, Tonic and Digestive. The only one who possesses the excellent process of manufacturing it." An analysis showed that it contained 23.80 percent alcohol. Inasmuch as it failed to bear a statement on the label of the quantity of alcohol in it, it was held to be mislabeled.* Another sample of this same bitters was adjudged mislabeled. It was labeled as follows, on bottle (in Italian and translated into English): "Fernet Branca of the Branca Bros. & Co., Milan No. 35 Brolotto St., near the Church of St. Thomas. The goods possesses the real and genuine process recognized and approved by various testimonials of teachers in the medical profession. Facilitates digestion, impedes the irritation of the nerves and excites in a marvelous manner the appetite. It is recommended to those suffering from intermittent fever and worms and has an astonishing effect on the bad feelings produced by the spleen, as well as sour stomach and headache caused by bad digestion and old age. Should be taken every hour. A spoonful of the liquid in two of water, good wine, coffee, etc. Increase the quantity when the effect is not promptly produced. To avoid imitations every label bears the firm name of Branca Brothers & Company, with its trade mark, and the dry tin top will be secured upon every bottle with another label carrying the same firm name. FernetBranca. Fili Branca-Milan (Italy) L. Gandolfi & C. New York. Sole importers for the United States, Mexico, Canada, Cuba and Porto Rico;" on circular: "A specialty of Fratelli Branca of Milan. For those hypochondriacs who generally

2 N. J. 735. See N. J. 745.

3 N. J. 726.

4 N. J. 743.