27365. Misbranding of Verified Magnesia Dental Cream.     U. S. v. 288 Packages
of Verified Magnesia Dental Cream.    Default decree of condemnation 
and destruction.     (F. & D. no. 39089.    Sample no. 32027-C.)
The labeling of this product bore false and fraudulent representations re- 
garding its curative or therapeutic effects. It also conveyed the misleading 
impression that the article was essentially a preparation of magnesia and had 
been examined and approved by some branch of the United States Government, 
whereas it contained but a small amount of magnesia and had not been 
approved by the Government.
On February 18,1937, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 288 packages of Verified Magnesia 
Dental Cream at Baltimore, Md., alleging that the article had been shipped in 
interstate commerce on or about January 21, 1937, by the American Co., from
Memphis, Tenn., and charging misbranding in violation of the Food and Drugs 
Act as amended. It was labeled in part: "Verified Magnesia Dental Cream 
The Verified Products Co. New York."
Analysis showed that the article consisted essentially of calcium carbonate 
(33.1 percent), magnesium oxide (approximately 2 percent), glycerin, saccharin, 
soap, starch, oil of peppermint, and water.
It was alleged to be misbranded in that the statements (carton and tube) 
"Magnesia Dental Cream", (carton only) "Combination of Aromatic Constituents 
with Dental Magnesia", were false and misleading when applied to an article 
that contained a large amount of calcium carbonate and a relatively small 
amount of magnesia; it was alleged to be misbranded further in that the 
statements "Evidence Of Purity Institute Of Industrial Research Labora- 
tories Washington, D. C. Report—I have just completed a comprehensive analy- 
sis of this product and the assay shows that it conforms to the highest stand- 
ard of efficiency and in my opinion it meets every desire in a perfect cream. 
Subscribed and sworn to before me G Elmer Flather Notary Public H. C. Fuller 
In Charge—Div. of Food and Drugs", were misleading since they created the 
impression that the article had been tested and approved by some branch of the 
United States Government; whereas it had not. The article was alleged to be 
misbranded further in that the statements, "helps prevent decay. A triumph 
in mouth, teeth and gum prophylaxis", borne on the carton labels, were state- 
ments regarding its curative and therapeutic effects and were false and fraudu- 
lent.
On April 8, 1937, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.