Law reports

 

作者:

 

期刊: Analyst  (RSC Available online 1877)
卷期: Volume 2, issue 18  

页码: 104-105

 

ISSN:0003-2654

 

年代: 1877

 

DOI:10.1039/AN8770200104

 

出版商: RSC

 

数据来源: RSC

 

摘要:

104 THE ANALYST. LAW REPORTS. ADULTERATED SoDA-wATER.-The Cambridge magistrates have inflicted a fine of $5 upon &h. John Yeomans, a chemist in that borough, for selling adulterated soda-water, The public analyst (Mr. Apjohn) certified that the samples he analysed contained no sodium bicarbonate, but 0.16 grains of copper in the gallon, and also a minute quantity of lead. In his opinion soda-water containing this quantity of copper and lead waa injurious to health. Defendant said he was very careful in bis manufactory ; the vessels were tin-lined so as to avoid contamination, and he did not know how the copper got in.As to the absence of soda, the people did not require a soapy compound, and he made some of the water with and some without soda, to suit their requirements. I t was pointed out that defendant should not have sold the article for soda-water.CURIOUS ADULTEEUTION.-charles Frampton was summoned under the Adulteration of Food Act for selling an article of food called oatmeal, which contained a mixture of 30 to 40 per cent. of wheat flour and barley meal. Defendant pleaded guilty, and stated that he sold it in the same state as he received it from the manufacturer.CASTOR OIL PILLs.-At the Christchurch Petty Sessions on July 30, before the Hon. R. Douglas and six other magistrates, Alexander Duncan, chemist and druggist, of Conimercial Road, and Lansdowne Crescent, Bournemouth, was summoned for having unlawfully sold a certain drug which was not of the nature, substance, and quality of the article aslied for, to wit, castor oil pills, to the prejudice of the purchaser.The defendant pleaded not guilty. Superintendent White, said that on June 23, he went to Duncan’s branch shop at Lansdowne, and asked for a shilling’s worth of castor oil pills, he was served with a box containing a number of pills, for which he paid a shilling. He then told the assistant that he was going to send them to the public analyst to be analysed, and offered to divide them.The assistant said it was not necessary. The same day he sent them to Mr. Arthur Angell, the county analyst, and on July 1, he received a certificate from him. The certificate stated that in the analyst’s opinion the sample of pills contained rhubarb, afoes, pepper- mint oil, and soap, and that the application of the term castor oil to these pills was a dangerous practice, and might be attended with injurious results by leading the purchaser to understand that the active ingredient of the pills was castor oil.The very gist of the offence, Fined ;El and costs. Mr. Lacey addressed the Bench on behalf of the defendant.THE ANALYST. 105 he observed, was that it should be “to the prejudice of the purchaser,” and it could not be said that the purchaser had been prejudiced in this case.These pills had been known to the public and to the medical and chemicd profession for several years as castor oil pills, and it had been universally the custom to call them so. The pills in question were very much more valuable than pills made of castor oil would be ; but only one grain of castor oil could be contained in one pill, so that it would take from 200 to 400 pills for one dose.The custom originated at Bournemouth, through people who desired a mild aperient asking for castor oil pills, and being supplied with something very much better. This could not be to the prejudice of the purchaser. The Chairman said it was argued in the gin case that the purchaser was not prejudiced by having 27 per cent. of water mixed with the gin, as the weaker the dilution the less harm it would do him, but the Bench ruled that the purchaser was entitled to have what he asked for.Mr. Lacey said this case was different. There was no castor oil at all in the pills. The Chairman: This is the case of a purchaser asking for one thing and getting another.Jar. Lacey then called the defendant, who said-The pills in question are a compound of rhubarb, aloes, myrrh, Boap, peppermint, and treacle, and are the mildest aperient mentioned in the Pharmacopceia, and safe for the most delicate constitution. I have heard of these pills being sold as castor oil pills, and I believe that people know them as such. I myself have never sold them under that name, but I know that it is the custom to do so. Pills made of castor oil would be dangerous if relied upon for the ordinary action of castor oil, as an ordinary dose would have no effect.A serviceable dose would be two table- spoonfuls or 600 pills. He was in the habit of selling these pills as compound rhubarb pills. He believe it had been the custom for many years to sell them as castor oil pills.I n reply to questions, the defendant said there was no nitre in sweet spirit of nitre, nor any hartshorn in spirits of hartshorn, nor any cream in cold cream, All these names are well understood to be misnomers. Mr. Green, chemist, of Christchurch, said he had been in the habit for 26 or 30 years of selling a mild aperient-generally compound rhubarb pills-as castor oil pills, by which name people asked for them.He had done this in four or five counties in which he had lived. The action of compound rhubarb pills was similar to that of castor oil, but not quite so quick. 1 believe these pills were SO named in consequence of some proprietor of patent medicines, bringing out pills under the name of castor oil pills.Gradually the public came to ask for them in small quantities, and it had been the custom in all parts of England to sell, under that name, such pills as those supplied in this case. The pills described in the certificate would be more expensive than pills made of castor oil would be. He also said that Vinegar-of-four-thieves does not really contain thieves, Epsom salts were not made at Epsom, but in the North of England, and there were no violets in violet powder, nor was Dragon’s blood procured from the dragon.Mr. Robert Chipperfield, chemist and druggist, of Southampton gave similar evidence, and said there were many instances of mis-leading names given to the articles by the public, but he did not know that they Were bound to educate every one who came to their shops and tell him the composition of these articles.I n delivering the decision of the Bench, the Chairman said the evidence which had been given for the defence did not touch the fact that Mr. White had asked for one thing and been served with another, but only had shown the existance of a custom in the trade which they admitted as evidence in mitigation. I t was a singular custom, however, and the sooner it was left off the better. I t would be much better when the public asked for castor oil pills to tell them, ‘‘ There are no such pills in the trade, but we can give you something which will answer the purpose as well.” At all events the intention of the Act was perfectly clear-to give the public a right to have what they ask for, or be told that they could not get it. The penalty they should inflict was a very light one, because they thought it quite probable that the chemist in this case acted in good faith and was not aware of the law as it existed. They fined the defendant Is. and 19s. 6d. costs. Mr. Lacey : Which was better than the thing he asked for.

 

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