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Quantity or Proportion.

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is used). It would convey to the purchaser the information required to be given by the Act if, in the case of medicines put up in such form, the quantity of the substance required to be named contained in each powder, tablet or capsule should be stated. Such statement of quantity would seem to be both within the spirit and the letter of the Act and it is not probable that medicines put up in such forms will be deemed misbranded, if the label states correctly the quantity of the substances required to be named which is contained in each tablet, powder or capsule.

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The quantity or proportion required to be named should be stated as correctly as possible, but should not be understated. Reasonable variation from the stated quantity or proportion is permissible provided the average quantity or proportion is correctly stated."

49. MISBRANDING DRUGS. ALCOHOL-WOOD ALCOHOL.

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Grain or ethyl alcohol is the only alcohol required to be named on the label.80

Wood alcohol or other substances chemically known as alcohols, such as fusel oil, if present, need not be named on the label.

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Under paragraph (a) of Regulation 28,"1 the use of wood alcohol or any alcohol other than grain or ethyl alcohol is not permissible in the manufacture of drugs except as specified in the Pharmacopoeia. Under this Regulation the use of wood alcohol, or denatured alcohol in hair tonics, liniments or other preparations for external or internal use, is prohibited.

50. MISBRANDING DRUGS-FORM OF STATEMENT OF SUBSTANCES REQUIRED TO BE NAMED.

Under paragraph (b) of Regulation 28,82 the names of the substances required to be named, and the quantity or proportion is required to be printed in type not smaller

"Page 96.

So Page 96.

81 Page 96.

82 Page 96.

that 8 point (brevier) caps, unless the package is so small as not to permit the use of such type, in which case a smaller type may be used.

Under paragraph (b) of Regulation 1783 the names of the substances required to be named must appear upon the principal label without intervening descriptive or explanatory reading matter, that is, immediately following the name of the drug product. In view of Decision of the Secretary of Agriculture No. 52,8 January 18, 1907, it would seem that this arrangement is suggested and desired rather than insisted upon. Statements of the reason for using alcohol or other substance required to be named should be clearly separated from the statement of the substances required to be named and their quantities or proportions.

In stating on the label the quantity or proportion of the substances required to be named, the names by which these substances are designated in the Act should be used.85 The Department of Agriculture considers it desirable that when preparations of the substances required to be named are used, the word or words used in the Act should constitute the first part of the name of the product. For instance, "Opium, Tincture of" or "Cannabis Indica, Extract of" should be used instead of "Tincture of Opium," or "Extract of Cannabis Indica."

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It seems clear from the decisions so far given out by the Department of Agriculture that the Act will be construed to require that the substances required to be named must be distinguished by their usual and commonly understood names. It is apparent that the Department construes the Act to require that the information as to substances contained in medicinal preparations should be given in language which will be readily understood by the purchasing public. The use of a chemical formula or a chemical name to designate a substance which has a name under which it is generally known to the public, is not considered by the Department to be a compliance with the requirements of the Act. 84 Page 116. 85F. I. D. 55, Page 119. SCF. I. D. 56, Page 120.

Page 90.

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51. MISBRANDING — Drugs — SUPPLEMENTAL LABEL, STAMP OR PASTER.

Under paragraph (i) of Regulation 1787 labels now on hand may be used without change until October 1, 1907, provided that any statement thereon as to the character of the contents contrary to the provisions of the Act, is corrected by a supplemental label, stamp or paster.

While not expressly so stated it is probable that such supplemental label, stamp or paster will be required to conform in size of type used with the regulations respecting the principal label.

52. MISBRANDING-DRUGS-FORMULA.

The Act does not require the formula of any drug product, medicine or proprietary remedy to be stated on the label. A statement of the formula on the label will not be considered to be the equivalent of the statement as to the substances required to be named, and, as definitely stated in Decision of the Secretary of Agriculture No. 53,88 January 28, 1907, all drug products and their labels must conform to the Act whether the formula is or is not given on the label.88 The formula, if given, must be correctly stated; otherwise it will be considered a false or misleading statement.

53.

MISBRANDING-FOODS-IMITATIONS.

The first paragraph under "food" in Section 889 prohibits the sale of an imitation of another article. So far as concerns imitations of food products which are known by a distinctive name which is the property of another, such as certain arbitrary or fanciful names used as trademarks, this prohibition is absolute. So far as concerns imitations of food products known under general names such as coffee, maple syrup, chocolate creams, vanilla extract and whiskey, the prohibition is modified by the provision in a succeeding paragraph of this Section, which permits such imitations to be SSF. I. D. 53, Page 118. "Page 78.

ST Page 91.

sold, provided they are labeled, branded or tagged so as to plainly indicate that they are imitations.

54. MISBRANDING FOODS-DISTINCTIVE NAMES.

"Distinctive name" in this paragraph means the trade description by which an article is known to the public. It includes a generic name by which an article is known such as Coffee, Flour, Tea, Sugar, Vanilla and Chocolate and also includes arbitrary or fanciful names applied by an individual manufacturer to the particular goods which he puts upon the market, in other words trademark names. This paragraph clearly prohibits the use upon any article of food of the name "Coffee" if the article is not coffee, or "Maple Syrup" if the article is not maple syrup, or "Olive Oil” if it is not olive oil, and also clearly prohibits the use upon a package of coffee of a name which indicates that is is coffee of a particular known brand, if it is not of that brand.

Under paragraph (d) of Regulation 1991 the use of a foreign name which is recognized as distinctive of a product of a foreign country is prohibited upon an article of domestic origin except as an indication of the type or style of quality or manufacture, and then only when so qualified that it cannot be offered for sale under the name of a foreign. article. This applies directly to the labeling of domestic cheese as "Roquefort," "Camembert," "Stilton," as well as to other articles of food, wines or liquors which are sold under foreign names which are understood by the public to designate a distinctively foreign product. Domestic cheese which is properly described as of the type or style of Roquefort cheese may be labeled as "Roquefort type," or "Roquefort style," but if so labeled the word "type" or "style" will be required to be plainly printed in type sufficiently large to prevent its being overlooked by the purchaser.

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Refilling Packages.

55. MISBRANDING-FOODS-WASTE MATERIALS.

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There is nothing in the Act which prohibits the selling or offering for sale of any product which has any food value whatever, provided it is not made of materials which are unfit for food and contains no added substance which is considered to be deleterious, and provided it is not misrepresented either by statements on the labels or otherwise. Inferior fruit or other food material, trimmings, pieces, stems or the like, may be entirely wholesome and there is no doubt a demand for such products from those who cannot pay for the standard quality of goods, but it is important that such goods should not be passed off as better than they really are. It is therefore required under Regulation 262 that such goods be marked "pieces," "stems," "trimmings," or by some similar appellation.

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The first part of the second paragraph under "food" in Section 8,93 taken with the first paragraph under "foods" and the introductory paragraph of the Section, would seem to cover every possible case of so marking or labeling food products as to deceive the public as to their character, quality, or origin. This second paragraph specifically prohibits so marking the article of food as to indicate that it is a foreign product when it is not. A label in a foreign language, a foreign name as the manufacturer's or producer's name or the name of a foreign locality as the locality of origin, if used upon food products of domestic origin in such a way as to cause a purchaser to believe it to be of foreign origin, would clearly be a violation of the provisions of the Act. There is nothing in the Act which prohibits the use of a label in a language other than English additional to a principal label in English, when used on products sold or offered for sale in localities in which a language other than

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