21560. Misbranding of Epsom Salt Tablets Compound. 17. S. v. 521 Bottles 
of Epsom Salt Tablets Compound. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. no. 30890. Sample no. 
42984-A.)
This case involved a product labeled to convey the impression that Epsom 
salt was its effective ingredient. Examination showed that each tablet con- 
tained approximately one-half grain of phenolphthalein, a tasteless drug which, 
with the aloin also present, would produce the principal therapeutic effect of 
the article. The two tablets recommended as a dose contained insufficient 
Epsom salt to have any appreciable laxative effect. The labeling also conveyed 
the misleading impression that the product was manufactured by the firm that 
had it on sale.
On August 10, 1933, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 521 bottles of 
Epsom Salt Tablets Compound at Scranton, Pa., alleging that the article had 
been shipped in interstate commerce on or about August 18, 1932, by the Devore 
Manufacturing Co., from Columbus, Ohio, and charging misbranding in viola- 
tion of the Pood and Drugs Act.
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of phenolphthalein (0.54 grain per tablet), magnesium sulphate 
(Epsom salt, 4.5 grains per tablet), aloin, calcium carbonate, starch, and sugar.
It was alleged in the libel that the article was misbranded in that the 
statements on the bottle label and display carton, " Epsom Salt Tablets Com- 
pound ", " To be used in place of the ordinary disagreeable Epsom Salts", 
" Two tablets as effective as a tablespoonful of Epsom Salt", were false and 
misleading. Misbranding was alleged for the further reason that the statement 
on the bottle label and display carton, " Sugar coated hence no bitter taste ", 
was misleading, since it created the impression that the taste of the active 
ingredient, phenolphthalein, was disguised by sugar coating, whereas such was 
not the case, and for the further reason that the statement on the bottle label 
and display carton, " Penn Drug and Supply Co. 2 Lackawanna Ave., Scranton, 
Pa.", was misleading, since it created the impression that the article was 
manufactured by the firm named, at the address mentioned, when in fact it 
was manufactured by the Devore Manufacturing Co., at Columbus, Ohio.
On September 2, 1933, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.