Am.  Jour.  Pharm.  \ 
September,  1906.  J 
Progress  in  Pharmacy . 
431 
drug  defined  in  the  United  States  Pharmacopoeia  or  National  For- 
mulary shall  be  deemed  to  be  adulterated  under  this  provision  if  the 
standard  of  strength,  quality  or  purity  be  plainly  stated  upon  the 
bottle,  box,  or  other  container  thereof,  although  the  standard  may 
differ  from  that  determined  by  the  test  laid  down  in  the  United 
States  Pharmacopoeia  or  National  Formulary. 
"  Second.  If  its  standard  or  purity  fall  below  the  professed  stand- 
ard or  quality  under  which  it  is  sold." 
An  article,  in  case  of  drugs,  shall  also  be  deemed  to  be  mis- 
branded : 
"  First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the 
distinctive  name  of  another  article. 
"Second.  If  it  be  labelled  or  branded  so  as  to  deceive  or  mislead 
the  purchaser,  or  purport  to  be  a  foreign  product  when  not  so,  or  if 
the  contents  of  the  package  as  originally  put  up  shall  have  been 
removed  in  whole  or  in  part  and  other  contents  shall  have  been 
placed  in  such  package,  or  if  it  fail  to  bear  a  statement  on  the  label 
of  the  quantity  or  proportion  of  any  alcohol,  morphin,  opium 
cocain,  heroin,  alpha  or  beta  eucain,  chloroform,  cannabis  indica, 
chloral  hydrate,  or  acetanilid  or  any  derivative  or  preparation  of  any 
such  substances  contained  therein." 
This  latter  provision  is  the  one  that  met  with  strenuous  opposi- 
tion from  the  members  and  friends  of  the  Proprietary  Association 
of  America.  While  the  provision  undoubtedly  will,  at  first,  entail 
a  considerable  amount  of  expense  on  the  part  of  manufacturers  of 
proprietary  preparations,  it  is  but  a  stepping-stone  to  the  full  and 
complete  information  that  must  eventually  be  and  very  properly 
should  be  required  in  connection  with  preparations  of  this  kind. 
Full  and  complete  publicity  in  connection  with  proprietary  prepara- 
tions would  tend  to  eliminate  all  that  are  of  a  fraudulent  or  of  a 
dangerous  character,  while  it  would,  at  the  same,  time,  be  of  tre- 
mendous advantage  to.  the  manufacturer  who  really  has  an  original 
or  a  meritorious  article  for  which  he  is  desirous  to  secure  a  market. 
The  retail  dealer,  in  drugs  as  well  as  foodstuffs,  is  exempt  from 
prosecution  under  the  provisions  of  this  act  u  when  he  can  establish 
a  guaranty  signed  by  the  wholesaler,  jobber,  manufacturer  or  other 
party  residing  in  the  United  States,  from  whom  he  purchases  such 
articles,  to  the  effect  that  the  same  is  not  adulterated  or  misbranded 
within  the  meaning  of  this  act."    Such  a  guaranty  to  afford  protec- 
