868. Misbranding1 of citrate of magnesia. V. S. v. 99 Cases of Citrate of Mag-
nesia. Consent decree of condemnation. Product ordered released under
bond for relabeling.    (F. D. C. No. 7399.   Sample Nos. 40679-E, 40680-E.)
On April 27,1942, the United States attorney for the Eastern District of Penn-
sylvania filed a libel at Philadelphia, Pa., against 99 cases of citrate of magnesia.
On June 22, and September 18, 1942, amendments to the libel were filed. It was
alleged in the libel as so amended that the product had been shipped by the
United States Pharmacal Co. from Newark, N. J., on or about June 24, 1941.
The article was alleged to be misbranded (1) in that the labeling failed to
bear adequate warnings against use in those pathological conditions wherein its
use might be dangerous to health, since it failed to warn that the article was not
to be used when abdominal pain, nausea, vomiting, or other symptoms of appendi-
citis were present; and (2) in that the labeling failed to bear adequate warning
against unsafe methods or duration of administration, since it failed to warn
that frequent or continued use of the preparation might result in dependence on
laxatives.
On September 18, 1942, Benly Products Company, Philadelphia, Pa., claimant,
having admitted the allegations of the libel and having consented to the entry
of a decree, judgment of condemnation was entered and it was ordered that the
product be released under bond for relabeling.