1047. Misbranding of Pyrozide Tooth Powder.    II. S. v. 282 Packages of Pyrozide
Tooth Powder. Consent decree of condemnation. Product ordered de-
livered to a charitable Institution. (F. D. C. No. 8902. Sample Nos.
18812-F, 18813-F.)
Examination of this product showed that it consisted essentially of calcium
carbonate with smaller quantities of magnesium carbonate, powdered cinchona
bark, salicylic acid, soap, and flavoring materials. It was short of the declared
weight.
On or about November 30, 1942, the United States attorney for the Southern
District of New York filed a libel against 282 packages of Pyrozide Tooth Powder
at New York, N. Y., alleging that the article had been shipped on or about August
3 and October 22, 1942, by the Web Distributing Co. from Newark, N. J.; and
charging that it was misbranded.
It was alleged to be misbranded in that the statements appearing in its labeling
which represented and suggested that it was effective in the treatment of pyorrhea,
gingivitis, trench mouth, and all other diseases of the oral tissue were false and
misleading since the article was not effective in the treatment of those diseases;
and in that it was in package form and its label failed to bear an accurate state-
ment of the quantity of the contents.
On June 25, 1943, the Web Distributing Co., claimant, having consented to the
entry of a decree, judgment of condemnation was entered and it was ordered that
the product be delivered for the use of a charitable institution, and that costs
be assessed against the claimant.