22970. Misbranding of   Magnesia   Oxoids.     U.   S.   v.   71   Packages   and   20
Packages of Magnesia Oxoids. Default decrees of condemnation, 
forfeiture, and destruction. (F. & D. nos. 32585. 32586. Sample nos. 
67543-A,  67684-A.)
These cases involved shipments of a drug preparation, the labels of which 
bore unwarranted curative and therapeutic claims. It also was claimed for 
the article that it was safe to take in any quantity, that it contained nothing 
injurious, and would produce no harmful reaction, whereas it contained ingredi- 
ents that might be harmful.
On April 23, 1934, the United States attorneys for the District of New Jersey 
and the Middle District of Pennsylvania, acting upon reports by the Secretary of 
Agriculture, filed in the district court libels praying seizure and condemnation 
of 71 packages of Magnesia Oxoids at Newark, N. J., and 20 packages of 
Magnesia Oxoids at Wilkes-Barre, Pa., alleging that the article had been shipped 
in interstate commerce, in part on or about February 24, 1934, and in part on 
or about March 29, 1934, by the Eton Products, Inc., from New York, N. Y., 
and charging misbranding in violation of the Food and Drugs Act as amended.
Analysis showed that the article consisted essentially of magnesium oxide 
(2.2 grains per tablet), magnesium peroxide (1.5 grains per tablet), and 
starch.
The article was alleged to be misbranded in that the following statements in 
the circular were false and misleading: " Safe to take in any quantity * * * 
You can take Magnesia Oxoids as often as you feel necessity, or in any quantity 
you desire, for they contain nothing injurious, and produce no harmful reaction. 
They are wholly good, and good for you * * * Magnesia Oxoids may be 
safely given to children." Misbranding was alleged for the further reason that 
certain statements regarding the curative or therapeutic effects of the article, 
borne on the carton and label and in the circular, falsely and fraudulently rep- 
resented that it was effective as an aid to digestion; effective in distress due 
to excessive formation of gas; effective in the treatment of stomach acidity; 
effective in the following conditions attributable to acidity: Loss of strength, 
vitality, and resistance to disease, acid dyspepsia, heartburn, flatulence, gassy 
fullness in the stomach and intestines, painful pressure around the heart, nau- 
sea, intermittent vomiting, three o'clock headaches, nervousness, sleeplessness, 
bad breath, tooth and gum troubles, fermentation and putrefaction in the 
gastro-intestinal canal; and effective after overindulgence in .eating, drinking, 
or smoking.
On June 30 and July 5, 1934, no claimant having appeared, judgments of con- 
demnation and forfeiture were entered, and it was ordered that the product be 
destroyed.
M. L. WILSON, Acting Secretary of Agriculture.