20916. Adulteration   and   Misbranding of   milk   of  magnesia.    IT.   S.   v.   30
Cases of Milk of Magnesia. Default decree of condemnation, for- 
feiture, and destruction.     (F. & D. no. 29982.    Sample no. 28775-A.)
This action involved a quantity of milk of magnesia, represented to be of 
pharmacopoeial standard, that contained a smaller proportion of magnesium 
hydroxide than prescribed in the United States Pharmacopoeia.
On March 25, 1933, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court of the United States a libel praying seizure and condemnation of 
30 cases of milk of magnesia at Chicago, Ill., alleging that the article had been 
shipped in interstate commerce, September 23, 1932, by the Schuylkill Chemical 
Co., from Philadelphia, Pa., to Chicago, Ill. and charging adulteration and 
misbranding in violation of the Food and Drugs Act. The article was labeled 
in part: " Milk of Magnesia * * * U.S.P. * * * Distributed by Honor 
Research Laboratories   New York-Chicago."
It was alleged in the libel that the article was adulterated in that it was sold 
under a name recognized in the United States Pharmacopoeia, and differed from 
the standard of strength, quality, and purity as determined by the tests laid 
down in the said pharmacopoeia official at the time of investigation, and its own 
standard was not stated upon its label.
Misbranding was alleged for the reason that the statement on the label, " Milk 
of Magnesia   *   *    *   U.S.P.", was false and misleading.
On May 11, 1933, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
R. G. TUGWEIX, Acting Secretary of Agriculture.