5759. Action to enjoin and restrain interstate shipments of Mrs. Price's Com¬
pound, Mrs. Price's Specially Prepared Package of Boric Acid, and Price's 
No Ice. U. S. v. Metta T* Price (Price Compound Co.). Permanent injunc- 
tion granted.     (Inj. No. 57.)
On June 21, 1943, the United States attorney for the District of Minnesota 
filed a complaint for the purpose of enjoining Meta T. Price, doing business as the 
Price Compound Co., Minneapolis, Minn., from the sale and distribution of the 
above-named products offered for use in home canning and food preservation. 
The principal allegations of the complaint were substantially sustained by the 
findings of fact and conclusions of law set forth hereinafter. 
<
On June 28, 1943, based on the written-stipulation of the defendant, the court 
entered the following findings of fact and conclusions of law:
FINDINGS OF FACT
"Plaintiff brings this action for the purpose of enjoining the defendant from 
violating the provisions of Section 301 (a) of the Federal Food, Drug and Cosmetic 
Act (Act June 25, 1938, c. 675, 50 Stat. 1040; Title 21 U. S. C, Section 301 et seq.) 
hereinafter called 'The Act.' 
II
"The defendant, Metta T. Price, resides in the City of Minneapolis, County of 
Hennepin, State of Minnesota, and within the jurisdiction of this Court, and at 
all times since about 1937 has been the sole owner and operator of a place of 
business in said City of Minneapolis, aforesaid, where she is engaged and has been
engaged under the name and style of Price Compound Company in the sale and 
distribution of chemieal preservatives offered for use in home canning and food 
preservation.
Ill
"Since about the year 1937, defendant has been engaged in the sale and distribu- 
tion in the channels of interstate commerce of products hereinafter mentioned, 
upon the labels of Which appear, among other things, these inscriptions: 'Mrs. 
Price's Specially Prepared Package of Boric Acid', 'Mrs. Price's Compound', and 
'Price's No Ice'. Said products, have been shipped by defendant from her place of 
business in the said City of Minneapolis, aforesaid, to, into, and through states 
other than the State of Minnesota.
IV
"The said product, labeled in part, 'Mrs. Price's Specially Prepared Package 
of Boric Acid', is a white powder consisting of 100 percent boric acid. Said 
products, labeled in part, 'Mrs. Price's Compound' and 'Price's No Ice' are white 
powders each consisting of approximately 95 percent boric acid and approximately 
5 percent sodium chloride (salt).
V
"The said products, labeled in part, 'Mrs. Price's Specially Prepared Package 
of Boric Acid' and 'Mrs. Price's Compound' are offered for sale and recommended 
for use in the home canning of vegetables, fruits, pickles and preserves. Said 
product, labeled in part, 'Price's No Ice', is offered for sale and recommended for 
use in the preservation of freshly killed fish and game and to prevent milk and 
cream from souring.
VI
"Accompanying said products labeled in part, 'Mrs. Price's Compound' and 
'Mrs. Price's Specially Prepared Package of Boric Acid' are booklets entitled, 
'Mrs. Price's Complete Directions for Canning Vegetables and Fruits, Pickling, 
etc.', published in several editions. Such booklets contain recommendations and 
instructions as to the use of said products as preservatives in the home canning 
of vegetables, fruits, pickles and preserves. Also included upon the labels of the 
packages containing said products, and the product labeled in part, 'Price's No 
Ice,' is printed matter prescribing and recommending the manner and means 
of using said products as home preservatives and in the preservation of freshly 
killed game and fish and to prevent milk and cream from souring.
VI
"Commencing on or about September 23, 1942, and again about the middle 
of May, 1943, said product, labeled in part, 'Mrs. Price's Compound', and said 
product, labeled in part, 'Mrs. Price's Specially Prepared Package of Boric Acid', 
have been and now are the subject of numerous libel or seizure actions commenced 
\>y the United States of America in various federal judicial districts throughout 
the United States seeking the condemnation of the quantities seized as mis- 
branded under the Act. In at least two instances, decrees in favor of the United 
States of America, as libelant, have been entered condemning, forfeiting and 
ordering the destruction of such quantities of the said products as were involved 
in those proceedings. About ten libel proceedings against various shipments of 
said products are presently pending.
"The printed matter distributed with the products labeled in part, 'Mrs. 
Price's Specially Prepared Package of Boric Acid' and 'Mrs. Price's Compound', 
and the printed matter appearing upon the packages containing said products 
represent and suggest that the said 'Mrs. Price's Specially Prepared Package of 
Boric Acid' and 'Mrs. Price's Compound', when used as directed, in the canning 
of vegetables, fruits, pickles and preserves, is safe and appropriate for such 
uses and will effect proper sterilization, conservation and preservation of home 
canned foods? * * * The printed matter appearing upon the packages con- 
taining the product labeled in part, 'Price's No Ice', represent and suggest that 
the use therof will prevent milk and cream from souring and will keep and 
preserve freshly killed game and fish.   *   *   * Y
"The use of the products labeled in part, 'Mrs. Price's Compound' and 'Mrs. 
Price's Specially Prepared Package of Boric Acid', by virtue of being composed 
largely of boric acid is potentially dangerous to the health of the consumer. The 
directions recommended in the printed matter * * * do not adequately insure 
the proper sterilization of the utensils used in the canning procedure, nor do 
they adequately insure the destruction of heat resistant spore forming bacteria 
capable of producing spoilage and toxins dangerous to health.
"The use of the product labeled in part, 'Price's No Ice' in accordance with the 
directions set forth in the printed matter * •* * will not be effective to 
prevent milk and cream from souring and in preserving freshly killed game and 
fish. Such directions do hot assure adequate removal of the boric acid used in 
the preservation process, and thus do not protect a consumer against the hazards 
to health implicit in the consumption of boric acid.
XI
"The use of boric acid as a preservative either for canned foods or fresh foods 
is specifically recognized as dangerous to health in that the consumption of as 
little as one-half gram of boric acid per day over long periods of time is dele- 
terious to health in that serious chronic poisoning will result. Use of the products 
labeled in part, 'Mrs. Price's Compound' and 'Mrs. Price's Specially Prepared 
Package of Boric Acid', in accordance with the directions contained in the 
printed matter * * * can result in the consumption by an average family 
of five, receiving five servings to a quart of home canned food, of as much as 1.24 
grams of boric acid daily for each quart used.
XII 
''Specifically, the Court finds that the use of the products labeled in part, 
'Mrs. Price's Compound' and 'Mrs. Price's Specially Prepared Package of Boric 
Acid'; in accordance with the directions set forth in the printed matter * * * 
does not protect against the bacteria known as Clostridium botulinum, which is 
the organism that produces the toxin which has caused fatalities following a 
consumption of home canned food."
CONCLUSIONS OF LAW
"The Court is authorized by Section 302 (a) of the Federal Food, Drug and 
Cosmetic Act to restrain the introduction or delivery for introduction, or the 
causing of introduction or delivery for introtluction into interstate commerce of 
any food or drug which is misbranded.
n
"Cause has been shown justifying the issuance of a Permanent Injunction.
Ill
"The said product labeled in part, 'Mrs. Price's Specially Prepared Package 
of Boric Acid' is both a food within the meaning of Section 201 (f) (3) and a 
drug within the meaning of Section 201 (g) (1) of the Act. The said products 
labeled in part, 'Mrs. Price's Compound' and Trice's No Ice', are foods within 
the meaning of Section 201 (f) (3) of the Act.
IV 
"      ' . '
"The written, printed and graphic matter accompanying and appearing upon 
the packages containing the products labeled in part, 'Mrs. Price's Compound', 
'Mrs. Price's Specially Prepared Package of Boric Acid' and 'Price's No Ice', 
constitute labeling within the meaning of Section 201 (m) of the Act.
within the meaning of Section 403 (a) of the Act in that the statements in 
Exhibits A, B, C, and D are misleading since such Exhibits, when read in their 
respective entirety, represent and" suggest, and engender the impression in the 
minds of readers, that said 'Mrs. Price's Compound', when used as directed in 
its labeling in the canning of vegetables, fruits, pickles and preserves, is safe 
and. appropriate for such uses, and will effect proper sterilization, conservation 
and preservation of. home canned foods; whereas, use of said 'Mrs. Price's 
Compound', as directed, is potentially dangerous to the health of the consumer, 
and will not insure proper sterilization, conservation and preservation of home 
canned foods. 
~ 
' 
VI.
"The article of food and drug, labeled in part, 'Mrs. Price's Specially Prepared 
Package of Boric Acid' is misbranded within the meaning of Sections 403 (a) 
and 502 (a) of the Act in that the statements in Exhibits A and B are misleading 
since such Exhibits, when read in their respective entirety, represent and suggest, 
and engender the impression in the minds of readers, that said 'Mrs. Price's 
Specially Prepared Package of Boric Acid', when used as directed in Exhibits 
A and B in the canning of vegetables, fruits, pickles and preserves is safe and 
appropriate for such uses, and will effect proper sterilization, conservation and 
preservation of home canned foods, whereas, use of said 'Mrs. Price's Specially 
Prepared Package of Boric Acid', as directed, is potentially dangerous to the 
health of the consumer, and will not insure proper sterilization, conservation and 
preservation of home canned foods.
VIT
"The' article of food, labeled in part, 'Price!s No Ice', is misbranded within the 
meaning of Section 403 (a) of the Act in that the following statements appearing 
in Exhibits E and F, to wit, '* '* * can. be used in milk or cream to prevent 
souring', and 'It keeps the fish or "game sweet and .wholesome for days after 
being killed, even in the warmest weather, when directions are followed, and 
is removed by rinsing in cold water', * * '* and the statement, 'It keeps 
the fish or game sweet and wholesome for several days after being killed, even 
in the warmest weather, when directions are followed, and is removed by rinsing 
in cold water,' ? * * is false and misleading since the article when so 
used will not have such effects and will not be removed by rinsing in cold water.
VIII
"During all the times since the enactment of the Federal Food, Drug and 
Cosmetic Act shipments in interstate commerce of the products labeled in part, 
'Mrs. Price's Compound', 'Mrs. Price's Specially Prepared Package of Boric 
Acid' and 'Price's No Ice' have been and now are in violation of Section 301 (a) 
of the Act."
On June 28, 1943, judgment was entered enjoining the defendant, her employ- 
ees, agents, distributors, attorneys, assigns, and any and all persons acting in con- 
cert with her, from Introducing or delivering for introduction, or causing the in- 
troduction or delivery for introduction into interstate commerce of Mrs. Price's 
Compound, Price's No Ice, and Mrs. Price's Specially Prepared Package of Boric 
Acid, or any similar articles containing boric acid for any purposes whatsoever, 
in violation of the Federal Food, Drug, and Cosmetic Act.
The complaint alleged further that the product, "Mrs. Price's Specially Prepared 
Package of Boric Acid," was a drug, as reported in notices of judgment on drugs 
and devices.