1006. Action to enjoin and restrain interstate shipments of Mrs. Price's Specially
Prepared Package of Boric Acid. "U. S. v. Metta T. Price (Price Compound
Co.)    Permanent injunction granted.    (Inj. No. 57.)
On June 21,1943, the United States attorney for the District of Minnesota filed
a complaint for the purpose of enjoining Metta T. Price, doing business as the
Price Compound Co., Minneapolis, Minn., from the sale and distribution of chem-
ical preservatives offered for use in home canning and food preservation, alleg-
ing, among other things:
That, since about the year 1937, the defendant had been engaged in the sale
and distribution in interstate commerce of a product known as "Mrs. Price's
Specially Prepared Package of Boric Acid," which upon examination was found
to consist of 100 percent boric acid.
That, commencing on or about September 23,1942, and again about the middle
of May 1943, the product was the subject of numerous libel actions in various
Federal judicial districts throughout the United States, and that the article
so shipped was misbranded (1) in that the statements in the labeling which
represented, suggested, and engendered the impression in the minds of the read-
ers that the product, when used as directed in the canning of vegetables, fruits,
pickles, and preserves, was safe and appropriate for such use, and would effect
proper sterilization, conservation, and preservation of home-canned foods, were
false and misleading, since it was potentially dangerous to the health of the con-
sumer and would not insure proper sterilization, conservation, and preservation
of home-canned foods; (2) the statements in the labeling admonishing the home
canner to sterilize jars, and particularly the rubber rings, by boiling for 15 to
20 minutes were misleading, since these directions for sterilization are inade-
quate where heat-resistant, spore-forming bacteria are present; (3) in that the
statement in the labeling, "Wash thoroughly as the most dangerous and the most
difficult bacteria to destroy are in the soil," was misleading, since it represented
and suggested that the thorough washing of vegetables would eliminate the most
dangerous and difficult bacteria to destroy, whereas such washing would not
insure that effect; (4) in that the statements in the labeling, "If the foregoing
directions are followed and you have used good, fresh vegetables or fruits and the
amount of compound directed, jrou will have no trouble in securing the besf
?See also Nos. 1002,1003.
results. You may ask why we are so particular to have the cans perfectly tight.
The reason is that we wish you to do all you can mechanically to keep the goods,
and then by the use of the compound, get a perfect result that neither one alone
would secure," were false and misleading in that they represented and sug-
gested that the use of the article according to directions would assure the perfect
and best results in home canning, whereas the perfect and best results cannot
be obtained by such use, since heat-resistant, spore-forming bacteria, capable of
producing spoilage and toxins dangerous to health, would not be destroyed; and,
(5) in that its labeling failed to bear adequate directions for use.
On June 28, 1943, the court entered its findings of fact and conclusions of
law and order for permanent injunction, and on the same date judgment was
entered enjoining the defendant, her employees, agents, distributors, attorneys,
assigns, and any and all persons acting in concert with her, from introducing
or delivering for introduction, or causing the introduction or delivery for in-
troduction, into interstate commerce, of Mrs. Price's Specially Prepared Pack-
age of Boric Acid, or any similar article containing boric acid for any purpose
in violation of the Federal Food, Drug and Cosmetic Act.
The product was also alleged to be misbranded under the provisions of the
law applicable to foods, reported in food notices of judgment No. 5759, in which
also appear the court's findings of fact and conclusions of law with respect to
the product and two other products, Mrs. Price's Compound and Price's No-Ice.