758. Misbranding of agar and oil with phenolphthaleln.    U. "S. v. 28 Dozen Bot
tles of Royale Agar and Oil (and 1 other seizure action against Agar and
Oil with Phenolphthalein). Dcfanlt decrees of condemnation and de-
struction.     (F. D. C. Nos. 7052, 7647.     Sample Nos. 40894-E, 77140-E.)
The bottles containing this product were unlabeled when shipped in inter-
state commerce.
On March 18, and June 15, 1942, the United States attorney for the Eastern
District of Pennsylvania filed libels against 61 dozen bottles of Agar and Oil
with Phenolphthalein at Philadelphia, Pa., alleging that the article had been
shipped in interstate commerce on or about January 7 and March 21, 1942, by
the Vital Laboratories from Union City, N. J.; and charging that is was mis-
branded. After shipment a portion of the article was labeled in part, (bottle)
"Royale Agar and Oil with Phenolphthalein"; and the cartons containing the
remainder were labeled in part, "I. S. 137 1 Doz 16 Oz."
Analysis showed that the article was an emulsion containing mineral oil and
phenolphthalein.
It was alleged to be misbranded in that it bore no labeling containing (1)
adequate directions for use; (2) adequate warnings, since the label failed to
warn that it should not be taken when suffering from nausea, vomiting, abdomi-
nal pain, or other symptoms of appendicitis, and that frequent or continued use'
might result in dependence upon laxatives; (3) the name and place of business
of the manufacturer, packer, or distributor; (4) an accurate statement of the
quantity of the contents; and (5) the common or usual name qi each active
ingredient.
On May 1 and July 6, 1942, no claimant having appeared, judgments of con-
demnation were entered and the product was ordered destroyed.