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move and prevent the accumulation of worms in children; nor an effectual remedy for cholera infantum, diarrhea, dysentery, cholera morbus, colic, thrush, hives, eruptions and sores on the skin; nor did it possess such powers and properties as will strengthen the child and make teething easy. To this charge the defendant pleaded guilty.2

§ 472a. Tobacco Specific.

A product was labeled "Tobacco Specific. Cures Smoking, Chewing, Cigarette and Sniff Dipping." "Contains with other ingredients [not specified] Coca leaves grains 1-A, Derivative of Cocaine grs. 1-200 or 1-40th grain to the ounce." It contained cocaine and cocaine derivatives, strychnine, cinchona alkaloids, material amounting to 0.31 percent, with a small amount of ginger present; the remainder consisting of sugar, starch and excipient material, the preparation being flavored with methyl salicylate. It was adjudged improperly branded.1

§ 473. Tonic.

Three bottles of a certain drug were labeled as follows: On the front thereof

"Sure Thing Tonic. The Wonder Stimulant. Restores Nerve Energy. Renews Vital Force. Alcoholic Strength Fifty Proof. Invigorator and Exhilarant. Guaranteed to conform with the National Pure Food Laws. Guaranty Serial No. 12141. Furst Bros., Cincinnati, Ohio."

And on the back thereof

"REMARKS. "Sure Thing Tonic' is distilled by Modern Methods evolved from half a century of practical experience. It is made so carefully that every bottle is put up as if it were an individual prescription. Our Laboratory is open for inspection to any Physician, Druggist or Pharmacist. 'Sure Thing Tonic' is an exhilarant. It relieves depression, stimulates the entire system, and will assist Nature to renew Vital Force and Nerve Energy. You can not afford to be without it. 'Sure Thing Tonic' should be taken by every person, male or female, whether in need or not of a Tonic

2 N. J. 1019. See note to the previous citation in this section.

1 N. J. 930.

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of its kind. 'An Ounce of Prevention is worth a Pound of Cure.' DIRECTIONS: Take a wine glass full three times a day, positively before retiring. You can double the dose if you so desire. If your dealer does not handle it, write to us.

In an information to secure the conviction of the vendor it was alleged that the label was false in this: First, that the article contained the following ingredients: Alcohol, sucrose and water, flavored with juniper, none of which ingredients justified the use on the label of these statements: "Sure Thing Tonic. Wonderful Stimulant. Restores Nerve Energy. Renews Vital Force. Relieves Depression, Stimulates the Entire System." Second, that the statement on the label that "Sure Thing Tonic, distilled by modern methods evolved from a half century of practical experience" was false and misleading because the drug was not a distilled product. Third, that the bottle containing the drug failed to bear upon the label a statement of the quantity or proportion of alcohol contained in the article. There was a judgment of conviction.1

§ 474. Tragacanth Gum.

A substance was labeled "Powdered Gum Tragacanth." It did not come up to the test laid down in the United States Pharmacopoeia or National Formulary official at the time of the investigation. It was not powdered gum tragacanth but powdered Indian gum. It was held misbranded.1

§ 475. Turpentine.

"The department has received a number of letters with reference to the proper labeling of the product generally known as "wood turpentine," etc., obtained by steam distilling or destructively distilling woods. Food Inspection Decision 58 recognizes that

1 N. J. 261; N. J. 982.

So far as these decisions are based upon the false representations as to the curative properties

of the drug, they can not stand under a recent decision of the Supreme Court. See § 406.

1 N. J. 572; N. J. 998.

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"Products used in the arts and for technical purposes are not subject to the Food and Drugs Act when plainly marked so as to indicate that they are not to be employed for food or medicinal purposes.

"It is held, therefore, that when wood turpentine is labeled Not for Medicinal Use,' etc., it is not subject to the Food and Drugs Act. When not so labeled it is in violation of section 7 of the Food and Drugs Act unless labeled 'wood' or 'stump' turpentine. Articles labeled 'turpentine,' 'spirits of turpentine,' or 'gum turpentine,' etc., must comply with pharmacopoeial requirements; that is, they must be light oils of certain properties made by distilling the oleoresin of various species of Pinus. The word 'wood' or 'stump' should be in the same type and on the same background as the word 'turpentine,' thus being given equal prominence."" Mineral oil used in turpentine is an adulterant.2

A liquid was labeled "Spirits of Turpentine.” It contained 35 percent of mineral oil. "Spirits of turpentine" in common parlance means and is identical with "oil of turpentine." It was held that the liquid was misbranded. To sell turpentine which is below the standard prescribed by the United States Pharmacopoeia or National Formulary is to violate the statute.1

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3

A bottle of vermouth, labeled as such but containing 16 percent of alcohol is mislabeled unless it contains a statement of the amount of alcohol it contains. A statement on the label that it "would strengthen the mind," "increase the organic energy," and "was a safe preventive of fever and cholera" is false and misleading, and a violation of the statute.1

1 F. I. D. 103.

2 N. J. 539; N. J. 337 (four and eight-tenths percent); N. J. 248; N. J. 220.

8 N. J. 220; N. J. 792 (fourteen percent).

4 N. J. 248; N. J. 337; N. J. 539; N. J. 712; N. J. 929.

1 N. J. 461.

So far as this decision is based upon the false representations as to the curative qualities of the drug, it can not stand. See § 406.

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