21564. Adulteration  and misbranding of Epsom salt tablets.     U.  S. v.  104
Cards, and 97 Cards of Epsom Salt Tablets. Default decree of 
condemnation, forfeiture, and destruction. (F. & D. no. 30759. 
Sample nos. 43166-A, 43167-A.)
This case involved a product sold under the name of " Epsom Salt Tablets." 
Analysis showed that each tablet contained approximately one-fourth grain of 
phenolphthalein, a synthetic drug, which would be responsible for the principal 
laxative effect of the tablets. The declaration on the label of the presence of 
phenolphthalein, a comparatively unknown drug, did not correct the erroneous 
impression which the average purchaser would obtain from the general labeling 
that the article relied for its efficacy on the Epsom salt present. It was also 
labeled to convey the impression that it was a pharmacopoeial product, whereas 
the United States Pharmacopoeia does not recognize any product under the 
designation " Epsom Salt Tablets" or " Epsom Salt Laxative Tablets." The 
label bore unwarranted therapeutic claims.
On July 24, 1933, the United States attorney for the Southern District/ of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 201 cards, to each 
of which were attached a number of envelops containing Epsom salt tablets 
at New York, N.Y., alleging that the article had been shipped in interstate 
commerce on or about July 1, 1933, by the Universal Merchandise Co., from 
Chicago, Ill. and charging adulteration and misbranding in violation of the 
Food and Drugs Act as amended.
Analysis of a sample of the article by this Department showed that it con- 
sisted essentially of 5.7 grains of Epsom salt and 0.22 grain of phenolphthalein 
per tablet.
It was alleged in the libel that the article was adulterated in that its strength 
and purity fell below the professed standard and quality under which it was 
sold, namely, (display card:) "Epsom Salt Laxative Tablets", (envelope), 
"Epsom Salt Tablets."
Misbranding was alleged for the reason that the statement on the envelope, 
"Epsom Salt Tablets", and the statements on the display card, "Epsom Salt 
Laxative Tablets ", and " U. S. P. Standard Quality ", were false and mislead- 
ing, since the tablets were not composed exclusively of Epsom salt, but con- 
tained phenolphthalein, and the United States Pharmacopoeia does not recog- 
nize any article under either designation. Misbranding was alleged for the fur- 
ther reason that the statement on the display card, regarding the curative or 
therapeutic effect of the article, "A Digestive Aid ", was false and fraudulent, 
since the article contained no ingredient or combination of ingredients capable 
of producing the effect claimed.
On August 10, 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.