28702. Misbranding of milk of magnesia.    U. S. v. 276 Bottles of Milk of Mag¬
nesia.    Default decree of condemnation.    Product delivered to a chari- 
table institution.    (F. & D. No. 41841.   Sample No. 10009-D.)
This product was short of the declared volume.
On March 1, 1938, the United States attorney for the Northern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 276 bottles of milk of mag- 
nesia at Atlanta, Ga., alleging that the article had been shipped in interstate 
commerce on or about February 1, 1938, by the Certified Pharmacal Co. from 
New York, N. Y., and charging misbranding in violation of the Food and Drugs 
Act.
The article was alleged to be misbranded in that the statement on the label, "8 
Fluid Ounces," was false and misleading when applied to an article the volume 
of contents of which was less than 8 fluid ounces.
On March 29, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a charitable institution.
W. R. GBEGG, Acting Secretary of Agriculture.