1286. Misbranding of Pyrozide Tooth Powder.    XT. S. v. 124 Packages of Pyrozlde
Tooth Powder (and 5 other seizure actions against the same product).
Default decrees of condemnation. Portion of product ordered delivered
to charitable institutions; remainder ordered destroyed. (F. D. C. Nos.
11790, 11959, 12495, 12496, 12633, 12698. Sample Nos. 60707-F, 66223-F,
73311-F, 73316-F, 81770-F, 81771-F.)
Between February 11 and June 19, 1944. the United States attorneys for the
Northern District of California and the Southern District of New York filed
libels against 226 packages of Pyrozide Tooth Powder at San Francisco, Calif.,
and 1,006 packages at New York, N. Y., alleging that a portion of the article
had been shipped on or about May 10, 1944, by the Block Drug Co., from Jersey
City, N. J., and that the remainder of the article had been shipped between the
approximate dates of August 11,1943, and April 6,1944, by the Web Distributing
Co., from Newark, N. J.
Analysis disclosed that the article consisted essentially of calcium carbonate,
magnesium carbonate, and small amounts of sassafras, cresol, and soap.
The article was alleged to be misbranded in that certain statements in its
labeling regarding its efficacy in the treatment of pyorrhea, gingivitis, trench
mouth, and all other diseases of the oral tissue, were false and misleading since
the article would not be efficacious for such purposes.
On December 5, 1944, the libel proceedings against two of the California lots
having been removed and consolidated for trial with two of the New York
lots, and default having been duly entered thereafter against the claimant for
those lots, judgment of condemnation was entered and the product was ordered
destroyed. On May 20 and 22, 1944, no claimant having appeared for the re-
maining two lots, judgments of condemnation were entered and it was ordered
that the New York lot be distributed to charitable institutions, and that the
California lot be destroyed.