22053. Adulteration and misbranding of tincture of aconite, cinchophen 
facts, aromatic spirits of ammonia, and mineral oil. V. S. v. 
Gibson-Howell   Co.,   Inc.     Plea   of   guilty.     Fine,   $600.     (F.   &   D.
no.   30316.    Sample   nos.   10221-A,   10225-A,   21655-A,   21657-A,   21671-A, 
31656-A.) f
This case was based on interstate shipments of tincture of aconite, aromatic 
spirits of ammonia, and alleged heavy mineral oil, which differed from the 
standard established by the United States Pharmacopoeia, and of a shipment 
of cinchophen tablets which contained less cinchophen than declared on the 
label. The mineral oil was falsely branded as to the name of the manufacturer 
and place of manufacture.
On April 6, 1934, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Gibson-Howell Co., Inc., a corporation, Jersey 
City, N. J., alleging shipment by said company, in violation of the Food and 
Drugs Act, between the dates of January 14 and March 24, 1933, from the 
State of New Jersey into the State of New York, of quantities of tincture of 
aconite, cinchophen tablets, aromatic spirits of ammonia, and mineral oil which 
were adulterated and misbranded. The articles were labeled, variously: 
" Tincture of Aconite U. S. P. * * * Prepared for Whelan Drug Company, 
Inc., New York"; "Cinchophen (Phenylcinchoninic acid) * * * 7% gr. 
* * * Distributed by Whelan Laboratories, Inc., New York"; " Honor 
Pycchoe Macho * * * Imported Russian Mineral Oil * * „* Honor Re- 
search Laboratories, New York * * * Heavy Genuine Imported"; "Aro- 
matic Spirits Ammonia U. S. P. * * * Distributed By Whelan Labora- 
tories, Inc., New York."
It was alleged in the information that the tincture of aconite, aromatic 
spirits ammonia, and mineral oil were adulterated in that they were sold under 
names recognized in the United States Pharmacopoeia and differed from the 
standard of strength, quality, and purity as determined by the tests laid down 
in the said pharmacopoeia official at the time of investigation, in the following 
respects:
The tincture of aconite, when administered subcutaneously to guinea pigs had 
a minimum lethal dose of not less than 0.0015 cc for each gram of body weight 
of guinea pig, whereas the pharmacopoeia provides that tincture of aconite 
shall have a minimum lethal dose of not more than 0.00045 cc for each gram 
of body weight of guinea pig; the aromatic spirits amonia contained less 
than 90 cc of ammonia water per 1,000 cc, samples from the two shipments
having been found to contain not more than 70.54 and 72.88 cc, respectively, 
of ammonia water per 1,000 cc, whereas the pharmacopoeia provides that 1,000 
cc of aromatic spirits of ammonia shall contain not less than 90 cc of am* 
monia water; the alleged heavy mineral oil had a kinetic viscosity of not 
more than 0.171 at 27.8° C, whereas the pharmacopoeia provides that heavy 
mineral oil shall have a kinetic viscosity of not less than 0.381 at 37.8?; and 
the standard of strength, quality, and purity of the articles was not declared 
on the containers thereof. Adulteration was alleged with respect to all prod- 
ucts for the reason that their strength and purity fell below the professed 
standard and quality under which they were sold in that the tincture of 
aconite and aromatic spirits ammonia were represented to conform to the 
standard laid down in the pharmacopoeia; whereas they did not conform to the 
standard laid down in that authority; the mineral oil was represented to be 
heavy Russian mineral oil, whereas it was not heavy Russian mineral oil, and 
the cinchophen tablets were represented to contain 7% grains of cinchophen 
per tablet, whereas they contained not more than 6.27 grains of cinchophen 
per tablet.
Misbranding was alleged for the reason that the statements, "Tincture of 
Aconite U. S. P.", " Cinchophen * * * Tablets—7*4 gr.", "Aromatic Spirits 
Ammonia U. S. P.", "Russian Mineral Oil, Heavy * * * Honor Research 
Laboratories, New York, Chicago ", in the labeling were false and misleading, 
since the said statements represented that the tincture of aconite and aromatic 
spirits of ammonia conformed to the standard laid down in the United States 
Pharmacopoeia, that the cinchophen tablets contained 7% grains of cinchophen 
each, and that the mineral oil was heavy Russian mineral oil manufactured 
by the Honor Research Laboratories; whereas the tincture of aconite and 
aromatic spirits ammonia did not conform to the standard laid down in the 
pharmacopoeia, the cinchophen tablets contained less than 7% grains of cincho- 
phen, and the mineral oil was not Russian Mineral Oil Heavy, and was not 
manufactured by the Honor Research Laboratories, New York and Chicago. 
Misbranding of the mineral oil was alleged for the further reason that it was 
falsely branded as to the country in which it was manufactured and produced 
in that it was represented to have been manufactured and produced by the 
Honor Research Laboratories, New York and Chicago, whereas it was manu- 
factured and produced by the Gibson-Howell Sales Co., Jersey City, N. J.
On June 28, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $600.
M. L. WILSON, Acting Secretary of Agriculture.