27242. Misbranding of citrate of magnesia.    U. S. v. 23 Dozen Bottles of Citrate
Magnesia.     Default decree of condemnation and destruction.    (F. & D.
no. 39068.    Sample no. 26587-C.)
This product differed from its standard as prescribed in the United States 
Pharmacopoeia in that 10 cubic centimeters of it contained citric acid equiva- 
lent to not more than 25.35 cubic centimeters of half-normal hydrochloric acid. 
The bottle contained less than the volume declared on the label.
On or about February 16, 1937, the United States attorney for the District 
of New Jersey, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 23 dozen bottles 
of citrate of magnesia at Hackensack, N. J., alleging that it had been shipped 
in interstate commerce on or about December 1, 1936, and January 20, 1937, 
by the Certified Magnesia Co., Inc., from New York, N. Y., and that it was 
misbranded in violation of the Food and Drugs Act.
It was alleged to be misbranded in that the statements, "Citrate Magnesia
* * * U. S. P.", borne on the bottle labels, and "Certified Magnesia U. S. P.", 
borne on the bottle cap, were false and misleading in that they represented 
that it was a drug named in the United States Pharmacopoeia; whereas it con- 
tained less citric acid than is required in such drug by the pharmacopoeia.
The article was alleged to be misbranded further in that the statements, "Net 
Contents About 11% Ounces", borne on the label, and "Cont. Approx. 11 F. Oz.", 
borne on the bottle cap, were false and misleading in that they represented 
that the bottles each contained 11 fluid ounces or more; whereas in fact the 
bottles each contained less than 11 fluid ounces of the article.
On March 19, 1937, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
H. A. WALLACE, Secretary of Agriculture.