2098. Misbranding of Colloidal Dextro Calcium.     U. S. v. XIO Bottles of Colloidal
Dextro Calcium Bleything. Default decree of condemnation and de- 
struction.     (F. D. C. No. 3358.    Sample No. 44102-E.)
This product did not contain the amount of calcium suggested and indicated 
in its labeling but did contain sodium benzoate materially in excess of the 
amount declared.
On November 12, 1940, the United States attorney for the District of Colorado 
filed a libel against 110 bottles of the above-named product at Denver, Colo., 
which had been shipped by the Bleything Laboratories, alleging that the article 
had been shipped in interstate commerce on or about October 17, 1940, from 
Los Angeles, Calif.; and charging that it was misbranded.
The article was alleged to be misbranded in that the statements on the 
label "Colloidal Dextro Calcium Bleything * * * Dosage; One teaspoonful 
three times daily before meals. May be taken in milk or fruit juices, if preferred. 
In pronounced cases dosage may be doubled for two weeks. Dosage for children 
is the same as for adults" were false and misleading since they created the 
impression that it would supply the consumer with a significant amount of 
calcium even in pronounced cases of calcium deficiency when used as directed, 
when, in fact, it would supply but a negligible amount of calcium. The article 
was alleged to be misbranded further, in that the statement on the label "less 
than %o of 1% Sodium Benzoate" was false and misleading since it contained 
materially more than one-twentieth of 1 percent of sodium benzoate.
The article was also alleged to be misbranded under the provisions of 
law applicable to drugs, as reported in notices of judgment on drugs and devices.
On November 26,1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.