BtiSSK™*}        Compounding  and  Dispensing.  379 
This  very  point  has  arisen  in  the  following  form  and  may  later 
be  the  subject  of  judicial  interpretation:  A  purchaser  had  asked 
for  camphorated  oil  and  the  article  sold  was  labelled  camphorated 
oil.  The  chemist,  in  making-  his  analysis.,  discovered  the  preparation 
to  be  below  U.S. P.  strength  and  recommended  a  prosecution.  The 
suit  was  started  and  the  defense  contended  that  the  U.  S.  Phar- 
macopoeia contained  no  such  preparation,  while  the  prosecution  con- 
tended that  the  preparation  was  an  adulteration  of  the  U.S. P. 
article,  linimentum  camphorae  (camphor  liniment). 
How  sufficient  this  defense  or  others  of  a  similar  nature  will 
prove  has  not  been  determined  ;  the  above  case  is  now  pending  trial. 
It  is  probable  that  some  expert  testimony  may  be  required  to  prop- 
erly inform  the  Court  on  the  question  of  fact.  It  is,  however,  my 
opinion  that  the  prosecution  will  prevail  and  the  spirit  of  the  Act 
be  upheld. 
In  an  opinion  rendered  to  the  State  Pharmaceutical  Examining 
Board,  reported  14  District  Reports,  page  397,  Attorney-General 
Carson  advised  the  prosecution  of  manufacturers  and  dealers  in  this 
State  making  and  selling  what  are  in  reality  inferior  preparations 
of  formulae  that  are  present  in  the  Pharmacopoeia  and  National 
Formulary,  but  which  are  labelled  in  a  manner  different  from  that 
usually  pursued  by  makers  and  vendors  of  standard  preparations ; 
where,  for  instance,  instead  of  tincture  of  ginger  U.S. P.,  which  is 
usually  labelled  essence  of  Jamaica  ginger,  there  is  a  preparation 
made  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,  the  product  being  then 
labelled  "  climax  picnic  ginger,"  "  gilt  edge  ginger,"  that  such 
matter  was  fully  covered  in  the  Act  of  May  25,  1897,  and  upon 
proper  complaint  made  that  it  was  the  duty  of  the  Board  to  employ 
an  expert  analyst  or  chemist  to  make  examination  and,  if  his  report 
justify  it,  to  proceed  criminally. 
Again  I  anticipate  that  the  province  of  the  Board  may  be  attacked 
by  the  grocer  who  sells  an  article  which  he  claims  conforms  to  the 
standard  of  the  National  Act  on  this  subject,  and  if  this  article  is 
such  as  might  be  used  according  as  the  occasion-  demands,  either 
as  a  flavor  or  a  medicine,  a  defense  might  very  naturally  be  made 
that  the  standard  and  quality  being  that  required  by  the  National 
Act,  the  State  Board  has  no  authority  in  the  matter. 
