1133. Misbranding: of Miracle Slenderizing; Cream.    IT. S. v. 16 Jars, 44 Jars, and
7% Dozen Jars of Miracle Slenderizing: Cream, and 92 Circulars. Default
decrees of condemnation and destruction. (F. D. C. Nos. 11801, 12875,
12876.    Sample Nos. 57237-F, 57238-F, 63480-F, 70029-F.)
On or about February 16 and July 7 and 15, 1944, the United States attorneys
for the District of New Jersey, the District of Utah, and the Northern District
of Georgia filed libels against 44 jars of Miracle Slenderizing Cream at Newark,
N. J., 7? dozen jars at Atlanta, Ga., and 16 jars and 92 circulars at Salt Lake
City, Utah, alleging that the article had been shipped within the period from on
or about November 16,1943, to May 22, 1944, by Miracle Products from Chicago,
111.; and charging that it was misbranded.
Analysis of a sample of the article showed that it consisted essentially of
Epsom salt in an ointment base perfumed with methyl salicylate.
The article was alleged to be misbranded in that certain statements on the jar
label and in circulars entitled "The Miracle Plan for a Slender Body," and "For
the Preservation and Enhancement of Beauty," which accompanied the article
when it was introduced into and while it was in interstate commerce, were false
and misleading since they represented and suggested that the article would be
effective in the reduction of surplus weight, whereas it would not be effective for
that purpose.
It was alleged in the libel filed with respect to the lot seized at Newark that
the circulars accompanied the article when introduced into and while in inter-
state commerce in the following manner: The Miracle Products shipped the cir-
culars on or about November 24, 1943, and on November 16 and 26, 1943, shipped
the Miracle Slenderizing Cream at Newark, where the drug and the circulars were
brought together for distribution to purchasers; and that the joint shipment
and receipt of the drug and the circulars relating thereto for joint distribution
constituted a transaction in interstate commerce between the shipper and the
consignee whereby the circulars accompanied the article when it was introduced
and while it was in interstate commerce.
On April 17, August 8, and September 30, 1944, no claimant having appeared,
judgments of condemnation were entered and the product, including the circulars
in the Salt Lake City lot, was ordered destroyed.