28348. Misbranding of solution citrate magnesia.    TJ. S. v. 174 Bottles of Solu¬
tion Citrate Magnesia.    Default decree of condemnation and destruction.
(F. & D. No. 40968.    Sample No. 60570-C.)
This product was labeled to indicate that it was a solution of magnesium 
citrate, a product recognized in the United States Pharmacopoeia; whereas 
it contained less magnesium citrate and less citric acid than prescribed in the 
pharmacopoeia.
On December 8, 1937, the United States attorney for the District of New 
Mexico, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 164 bottles of solution 
citrate magnesia at Albuquerque, N. Mex., alleging that the article had been 
shipped in interstate commerce on or about November 4, 1937, by the Larche 
Laboratories from Denver, Colo., and charging misbranding in violation of 
the Food and Drugs Act.
The article was alleged to be misbranded in that the statement "Solution 
Citrate Magnesia," blown into the bottle, was false and misleading and tended 
to deceive and mislead the purchaser into the belief that the article was solu- 
tion of magnesium citrate, a drug recognized in the United States Pharmaco- 
poeia; whereas it contained magnesium citrate corresponding to not more 
than 1.33 grams of magnesium oxide per 100 cubic centimeters and each 10 cubic 
centimeters of the solution contained citric acid equivalent to not more than 
22.1 cubic centimeters of half-normal hydrochloric acid; whereas the pharma- 
copoeia provides that each 100 cubic centimeters of solution of magnesium 
citrate shall contain an amount of magnesium citrate corresponding to not 
less than 1.6 grams of magnesium oxide, and that 10 cubic centimeters of the 
solution shall contain citric acid equivalent to not less than 26 cubic centi- 
meters of half-normal hydrochloric acid.
On January 10, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.