^'"■j?ne''"i9n Pharmaceutical  Legislation.  277 
adulterated  if  the  standard  of  strength,  quahty  or  purity  be  plainly 
stated  upon  the  bottle,  box  or  other  container.  Freedom  of  manu- 
facture and  sale  is  thereby  obtained  together  with  the  protection 
of  the  public  by  truthful  statements  accompanying  the  article. 
Certain  exceptions  in  which  there  may  be  no  variation,  however, 
are  specified,  i.e.,  official  preparations  of  opium,  iodine,  peppermint, 
camphor,  ginger  and  ethol  nitrite.  In  these  instances  the  law  is 
iron-clad  and  no  deviation  permitted.  In  another  respect  this  Act 
settled  a  disputed  point  raised  under  the  Act  of  1897.  Under  the 
former  Act  certain  manufacturers  and  dealers  in  this  State  were 
making  and  selling  inferior  preparations  of  standard  articles  but 
labelling  them  in  a  manner  so  different  as  to  claim  they  were  not 
U.  S.  P.  For  Tincture  of  Ginger,  which  is  usually  labelled  "  Essence 
of  Jamaica  Ginger,"  they  made  a  preparation  consisting  principally 
of  capsicum,  grains  of  paradise  or  other  pungent  or  hot  drug  and 
water  with  just  sufficient  alcohol  to  keep  it  from  souring  and  a 
small  quantity  of  ginger  to  impart  certain  of  the  characteristics  of 
the  genuine  article  was  labelled  Climax  Picnic  Ginger,"  "  Gilt 
Edge  Ginger,"  etc.  So^  also  an  article  labelled  "  Camphorated  Oil  " 
was  said  not  to  be  the  same  as  "  Linimentum  Camphorse,"  con- 
sequently the  standard  might  be  different  from  that  required  for 
the  U.  S.  P.  article,  so  that  their  article  was  not  tO'  be  included  in 
the  class  condemned,  but  the  Court  determined,  as  the  recent  Act 
has  declared^  thus  placing  the  matter  beyond  dispute,  that  an  article 
shall  be  deemed  tO'  be  misbranded  if  it  be  an  imitation  of  or  offered 
for  sale  under  the  name  of  another  article. 
The  important  consideration  under  the  present  law  is  the  matter 
of  labelhng  or  branding  regarding  which  the  State  Board  has  laid 
down  certain  specific  requirements.  The  enforcement  of  the  act  is 
delegated  to  the  State  Pharmaceutical  Examining  Board,  which,  for 
this  purpose,  is  authorized  to  make  uniform  regulations  in  order  to 
carry  out  its  provisions  and  to  employ  such  agents,  chemists, 
attorneys  and  assistants  as  may  be  necessary.  Accordingly  rules 
and  regulations  were  at  once  framed,  adopted  and  published  and 
copies  of  the  same  may  be  secured  upon  application  tO'  any  member 
of  the  Board. 
Hardly  had  the  rules  and  regulations  been  promulgated  when 
certain  of  the  latter  were  attacked  and  it  became  a  subject  for 
much  consideration  to  what  extent  the  Board  were  warranted  in 
going,  i.e.,  when  the  article  differed  in  strength,  purity  or  quality 
