24531. Adulteration and misbranding of mineral oil. V. S. v. 35 Pints and 
18 Quarts of Mineral Oil. Default decree of condemnation. 
Product delivered to Federal Institutions. (F. & D. no. 33639. 
Sample nos. 847-B, 11211-B.)
This case involved an interstate shipment of a product which was represented 
to be heavy mineral oil, but which failed to conform to the standard estab- 
lished by the United States Pharmacopoeia for heavy mineral oil. The labeling 
also contained unwarranted curative and therapeutic claims.
On August 30, 1934, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 24 pints and 19 
quarts of mineral oil at Olympia, Wash. On October 16, 1934, an amended libel 
was filed and as amended covered 35 pints and 18 quarts of the product. The 
amended libel charged that the article had been shipped in interstate com- 
merce in part on or about July 11, 1934, and in part on or about August 18, 
1934, by the George E. Madison, Co., from San Francisco, Calif., and that it 
was adulterated and misbranded in violation of the Food and Drugs Act as 
amended.
Analysis showed that the article had a kinematic viscosity of 0.282, whereas 
the United States Pharmacopoeia provides that heavy liquid petrolatum (heavy 
white mineral oil) have a kinematic viscosity of not less than 0.381.
The article was alleged to be adulterated in that it was sold under a name, 
"Mineral Oil * * * Heavy USP", synonymous with the name, "White Min- 
eral Oil Heavy", recognized in the United States Pharmacopoeia, and differed 
from the standard of strength, quality, and purity as determined by the test 
laid down in the said pharmacopoeia.
Misbranding was alleged for the reason that the statement on the label, 
"Mineral Oil * * * ¦ Heavy USP", was false and misleading. Misbranding 
was alleged for the further reason that the following statement on the label, 
regarding the curative or therapeutic effects of the article, was false and 
fraudulent, "One or Two Tablespoonsfuls night and morning will keep the 
intestinal tract   *    *    *   in a healthy condition."
On February 6, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the marshal be authorized to deliver the 
product to the warden of the United States penitentiary, on McNeils Island.
M. L. WILSON, Acting Secretary of Agriculture.