Am.  jour.  Pharm.  l      Decision  on  Tincture  of  Ginger.  3 
January,  1921.    J  J  u  u 
"To  the  Federal  Prohibition  Directors  and  Others  Concerned: 
"On  and  after  ninety  days  from  the  date  hereof  U.  S.  P.  Tincture  of 
Ginger,  whether  sold  as  Jamaica  Ginger,  Essence  of  Ginger,  Extract  of 
Ginger,  or  by  whatever  other  name  known,  is  hereby  classed  as  a  U.  S..P. 
alcoholic  preparation  fit  for  use  for  beverage  purposes,  and  may  be  manu- 
factured, sold,  transported  and  used  only  in  the  manner  provided  for  other 
similarly  classified  official  preparations  listed  in  Section  60  (b)  of  Regula- 
tions No.  60  and  Prohibition  Mimeograph  N0.1  87. 
"Section  94  (a)  of  Article  XVII  of  Regulations  No.  60  is  hereby 
revoked. 
"An  alcoholic  extract  of  Tincture  of  Ginger  made  in  accordance  with 
the  process  described  on  Page  469,  Ninth  Revision  of  the  U.  S.  P.  will  be 
classed  as  unfit  for  use  for  beverage  purposes,  provided  the  quantity  of 
Ginger  Root  used  is  as  follows  : 
"Jamaica  Ginger  No.  30  Powder,  400  grams  to  make  1000  millileters." 
We  are  heartily  in  accord  with  the  principle  of  prohibition 
that  aims  to  prevent  the  use  of  alcoholic  liquors  as  beverages  and 
the  misuse  of  medicinal  preparations  for  such  purpose.  Neverthe- 
less, we  are  compelled  to  question  the  wisdom  of  this  departmental 
promulgation  and  likewise  the  authority  for  such  an  action. 
Our  contention  has  been  always  that  the  wording  of  Section 
4  (b)  of  Title  II  of  the  Volstead  Act  was  unfortunate,  confusing 
and  impracticable  of  enforcement,  and  until  this  error  was  cor- 
rected the  medical  and  pharmaceutical  professions,  as  well  as  the 
legitimate  users  of  alcoholic  liquid  medicines  will  be  subjected  to 
continuous  annoyance,  hardships  and  the  danger  of  prosecution. 
To  legislate  that  medicinal  preparations  manufactured  in  accord- 
ance with  formulas  prescribed  by  the  United  States  Pharmacopoeia, 
National  Formulary  or  the  American  Institute  of  Homoeopathy 
must  be  "unfit  for  beverage  purposes"  is  destructive  to  the  art  of 
pharmacy.  Moreover,  it  is  an  inhumane  indifference  to  the  health 
of  the  people  and  savours  of  fanaticism  instead  of  the  prudent 
legislation  expected  of  an  American  Congress. 
Fitness  is  an  attribute,  a  quality  of  a  substance  or  preparation, 
that  it  is  impractical  to  legislate  against,  but  the  improper  use  of 
such  a  substance  or  preparation  is  a  proper  and  practical  subject 
for  legislative  prohibition.  No  one  doubts  the  "fitness"  of  water 
for  drowning  any  human  being,  yet  it  would  be  the  height  of  folly 
and  ridiculous  for  Congress  to  enact  that  water  must  be  rendered 
"unfit"  for  drowning  before  it  could  be  consumed  for  the  necessi- 
