1210. Adulteration and misbranding of solution of citrate of magnesia.    U." S. v.
Mordecai Seidman   (M. Seidman).    Plea of guilty.    Fine, $70 and costs.
(F. D. C. No. 11390.    Sample Nos. 64840-E, 21020-F, 34213-F, 37688-F.)
On April 14, 1944, the United States attorney for the Western District of
Pennsylvania filed an information against Mordecai Seidman, an individual trad-
ing as M. Seidman, Pittsburgh, Pa., alleging shipment between the approximate
dates of November 25, 1941, and June 22, 1943, from the State of Pennsylvania
into the States of Ohio and Michigan of quantities of the above-named product.
The article was labeled in part: (Bottles) "Effervescing Solution of Citrate of
Magnesia. * * * Distributed by Superior Distributing Co. Pittsburgh,
Pa."
Examination disclosed that the article contained approximately one-half as
much syrup and, in the case of certain portions, two-thirds as much magnesium
citrate, as provided by the United States Pharmacopoeia; and that various por-
tions also contained sulfate in excess of the amount permitted by the Pharma-
copoeia, and were not packaged in the manner prescribed therein.
The article was alleged to be adulterated in that it purported to be and was
represented as a drug the name of which is recognized in the United States Phar-
macopoeia, an official compendium, but its strength differed from and its quality
fell below the standard set forth therein, and its difference in strength and quality
from the standard was not stated plainly, or at all, on its labels.
Various portions of the article were alleged to be misbranded (1) in that the
statement on its label, "Solution of Citrate of Magnesia Made of pure citric acid
and carbonate of magnesia according to the U. S. Pharmacopoeia * * *
U. S. P.," was false and misleading; (2) in that it was not packaged as prescribed
in the Pharmacopoeia, since that compendium provides: "Dispense Solution of
Magnesium Citrate in bottles containing not less than 340 cc. and not more than
360 cc, or in bottles containing not less than 195 cc. and not more than 205 cc,"
whereas the article was contained in bottles containing less than 340 cc. and more
than 205 cc; (3) in that the statement "11 Ozs.," borne on the bottle labels, was
false and misleading since a number of the bottles contained less than 11 ounces
of the article; and (4) in that a number of the bottles failed to bear a label contain-
ing an accurate statement of the quantity of the contents.
On May 5,1944, the defendant having entered a plea of guilty, the court imposed
a fine of $10 on each of 7 counts, a total fine of $70 and costs.