24536. Adulteratlon   and misbranding of   citrate   of   magnesia.    U.   S.   v.
Thomas    E.    Tolleson.    Plea    of    nolo     contendere.    Fine,    $100.
(F. & D. no. 33818.    Sample nos. 39190-A, 39934-A, 39961-A.)
This case was based on interstate shipments of a product sold under the 
names "citrate of magnesia" and "solution citrate magnesia." Examination 
showed that the article failed to conform to the requirements of the United 
States Pharmacopoeia. Portions of the article were labeled as being as ef- 
fective and more stable than the pharmacopoeial product, whereas it was not 
as effective nor was it more stable than the official product.
On January 23, 1935, the United States attorney for the Northern District 
of Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Thomas E. Tolleson, a member of a firm 
trading as the Southern Druggists Exchange, alleging shipment by said de- 
fendant in violation of the Food and Drugs Act, on or about August 5 and 
August 12, 1933, from the State of Georgia into the State of Florida, and on 
or about August 16, 1933, from the State of Georgia into the State of North 
Carolina of quantities of citrate of magnesia or solution citrate magnesia 
which was adulterated and misbranded. The words "Citrate of Magnesia" 
or "Solution Citrate Magnesia" were blown in the bottles. Portions of the 
article were labeled in part: "Citrate of Magnesia Eff. Comp. Solution Not a 
U. S. P. Solution but a revised formula which is as effective and more stable 
*    *    *   Tolleson  Laboratories Manufacturing Chemists Atlanta, Ga."
The article was alleged to be adulterated in that it was sold under a name 
recognized in the United States Pharmacopoeia and differed from the standard 
of strength, quality, and purity as determined by the test laid down therein, 
in that the product in all shipments contained in each 100 cubic centimeters 
of magnesium citrate corresponding to less than 1.5 grams of magnesium oxide, 
the three shipments containing magnesium citrate corresponding to 0.584, 
0.622, and 0.635 gram, respectively, of magnesium oxide; in two of the ship- 
ments the total citric acid in 10 cubic centimeters of the solution was found 
to be equivalent to less than 28 cubic centimeters of half-normal sulphuric acid, 
namely, 20.45 and 20.25 cubic centimeters, respectively, of half-normal sul- 
phuric acid per 10 cubic centimeters of the solution; the article in the three 
shipments contained sulphates equivalent to 1.662, 1.605, and 1.587 grams, 
respectively, of magnesium sulphate; whereas the pharmacopoeia provides 
that solution of magnesium citrate shall contain in each 100 cubic centimeters 
magnesium citrate corresponding to not less than 1.5 grams of magnesium 
oxide; that 10 cubic centimeters of the solution shall contain total citric acid 
equivalent to 28 cubic centimeters of half-normal sulphuric acid, and that the 
solution shall be free from magnesium sulphate; and the standard of strength, 
quality, and purity of the article was not declared on the container. Adul- 
teration was alleged with respect to portions of. the article for the further 
reason that its strength and purity fell below the professed standard and 
quality under which it was sold in that it was represented to be citrate of 
magnesia as effective and more stable than solution citrate of magnesia named 
in the United States Pharmacopoeia, whereas it was not as effective nor was 
it more stable than the pharmacopoeial product.
Misbranding was alleged for the reason that the article did not contain the 
normal ingredients of solution citrate magnesia or citrate of magnesia and 
was prepared in imitation of solution citrate magnesia or citrate of magnesia 
and was offered for sale and sold under the name of "Solution Citrate Mag- 
nesia" and "Citrate of Magnesia." Misbranding was alleged with respect to 
portions of the article for the further reason that the statement "Citrate of 
Magnesia * * * Not a U. S. P. Solution but a revised formula which is as 
effective and more stable", borne on the label, was false and misleading, since 
the article was not as effective and was not more stable than solution citrate 
of magnesia recognized in the pharmacopoeia.
On March 14, 1935, the defendant entered a plea of nolo contendere and the 
court imposed a fine of $100.
M. L. WILSON, Acting Secretary of Agriculture.