24663. Adulteration and misbranding of solution citrate of magnesia.    U. S. v.
Smith-Faus Drug Co.    Plea of guilty.    Fine, $26.    (F. & D. no. 33946. 
Sample no. 48001-A.)
This case was based on a shipment of solution citrate of magnesia which 
fell below the standard laid down in the United States Pharmacopoeia, and 
which was not labeled to indicate its own standard of strength, quality, and 
purity.   The product was also short volume.
On March 30, 1935, the United States attorney for the District of Utah, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Smith-Faus Drug Co., a corporation, Salt 
Lake City, Utah, alleging shipment by said company in violation of the Food 
and Drugs Act, as amended, on or about April 17, 1934, from the State of 
Utah into the State of Nevada of a quantity of solution citrate of magnesia; 
which was adulterated and misbranded. The article was labeled in part: 
"Apex 12 F. Oz. * * * Citrate of Magnesia U. S. P. * * * Smith- 
son Drug Co.   Salt Lake City, Utah."
The article was alleged to be adulterated in that it was sold under a name 
recognized in the United States Pharmacopoeia and differed from the stand- 
ard of strength, quality, and purity as determined by the test laid down in 
that authority, in that it contained less than 1.5 grams, namely, not more 
than 1.24 grams of magnesium oxide per 100 cubic centimeters; less than 9.5 
cubic centimeters, namely, not more than 9.2 cubic centimeters of half-normal 
sodium hydroxide was required to neutralize the excess acid in 10 cubic 
centimeters of the article, and less than 28 cubic centimeters, namely, not 
more than 22.9 cubic centimeters of half-normal sulphuric acid was required to 
neutralize the ash obtained from 10 cubic centimeters of the article; whereas 
the pharmacopoeia provides that solution of magnesium citrate shall contain 
in each 100 cubic centimeters, magnesium citrate corresponding to not less than 
1.5 grams of magnesium oxide; that 10 cubic centimeters of the solution shall 
require not less than 9.5 cubic centimeters of half-normal sodium hydroxide 
for neutralization of the excess acid, and that not less than 28 cubic centi- 
meters of half-normal sulphuric acid shall be required to neutralize the ash 
obtained from 10 cubic centimeters of the solution, and the standard of 
strength, quality, and purity of the article was not declared on the container 
thereof. Adulteration was alleged for the further reason that the strength 
and purity of the article fell below the professed standard and quality under 
which it was sold, since it was represented to be solution citrate of mag- 
nesia which conformed to the test laid down in the United States Pharma- 
copoeia, whereas it did not conform to the test laid down in that authority. 
Misbranding was alleged for the reason that the statements, "Solution Citrate 
of Magnesia U. S. P." and "12 I. Oz.", borne on the bottle label, were false 
and misleading, since the article was not solution citrate of magnesia which 
conformed to the standard laid down in the United States Pharmacopoeia; and 
each of the said bottles did not contain 12 ounces of the article, but did 
contain a less amount.
On April 13, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $26.
W. R. GBEGQ, Acting Secretary of Agriculture.