22178. Misbranding of Osmo Kaolin.    17. S. v. E. Fougrera & Co., Inc.    Plea
of guilty.    Fine, $375.     (F. & D. no. 26628.    I. S. nos. 5717, 5738, 5742.)
This case was based on shipments of Osmo Kaolin, a product labeled with 
therapeutic claims, which was found upon analysis to consist entirely of clay. 
The article contained no ingredient, nor was it in itself, capable of producing 
certain therapeutic and curative effects claimed in the labeling.
On October 11, 1932, 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 an information against E. Fougera & Co., Inc., a corporation, 
New York, N. Y., alleging shipments by said company in violation of the Food 
and Drugs Act, as amended, on or about December 6, 1929, November 19 and 
December 12, 1930, from the State of New York into the Territory of Puerto
Rico, of quantities of Osmo Kaolin which was misbranded. The article was 
labeled in part: (Box) "Cosmo Kaolin (Morson) A Pure, Sterile Colloidal 
Kaolin * * * U. S. Agents—E. Fougera & Co., Inc., * * * New York, 
N. Y."
Analyses of samples of the article by this Department showed that it consisted 
of a fine, soft clay containing no organic material nor any mineral salts.
It was alleged in the information that the article was misbranded in that 
certain statements, designs, and devices appearing on the label falsely and 
fraudulently represented that it was effective as an invaluable treatment of 
disorders arising from intestinal infection by bacteria; effective to absorb 
the toxins arising from intestinal infection; effective to eliminate the toxins 
arising from intestinal infection readily, quickly, and safely, without harm to 
the system; effective as a treatment, remedy, and cure for dysentery, cholera, 
diarrhoea, ulcerative colitis^ rheumatism, gout and intestinal stasis; effective 
when employed in the preparation of cataplasmata to remove oedema, relieve 
pain and swelling of local inflammation; and effective to absorb irritant dis- 
charges.
On April 4, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $375.
M. L. WILSON, Acting Secretary of Agriculture.