873. Adulteration and misbranding ot citrate of mag-nesla with magnesium sul-
fate and misbranding; of Pitcher's Castorla. TJ. S. v. Roma Extract Co.,
Inc., and Vincenzo Contrlno.    Plea of gmllty.    Fine, $50.     (F. D. C. No.
7300.   Sample Nos. 51685-E, 75662-E, 90417-E.)
On September 10,1942, the United States attorney for the District of Massachu-
setts filed an information against the Roma Extract Co., Inc., Boston, Mass., and
Vincenzo Contrino. It was alleged in the information that the defendants, within
the period from on or about September,23, 1940, to January 11, 1941, sold and
delivered to the Hanover Sales Co., Inc., of Boston, Mass., various consignments
of Castoria; that at the time of the sale and delivery the defendants in each in-
stance furnished to the Hanover Sales Co., Inc., an invoice containing a guaranty
that the article was not adulterated or misbranded within the meaning of the Fed-
eral Food, Drug, and Cosmetic Act; that on or about April 28, 1941, the holder of
the guaranty introduced and delivered for introduction into interstate commerce
a quantity of the said Castoria from Boston, Mass., to Manchester, N. H.; that
the guaranties delivered by the defendants were false since the product, when
sold and delivered by the defendants and introduced and delivered for introduc-
tion into interstate commerce by the holder of the guaranty, was misbranded.
The information further alleged that on or about September 11 and November
10, 1941, the defendants shipped from Boston, Mass., into the State of Rhode
Island a quantity of a product known as "Citrate of Magnesia with Magnesia
Sulphate," which was adulterated and misbranded, and a quantity of Castoria
which was misbranded.
Analysis of a sample of the Castoria showed that it consisted essentially of
small proportions of Rochelle salt, sodium bicarbonate, extracts of plant drugs,
including senna and wormseed, and sugar and water, flavored with aromatics, in-
cluding methyl salicylate.
The Castoria was alleged to be misbranded in that the statements appearing
in the labeling which represented that it was a reliable remedy for worms and
diarrhea due to constipation, and would promote sleep by overcoming these
disorders, were false and misleading since it was not effective for such purposes.
The Castoria was alleged to be misbranded further in that its label failed to
bear the common or usual name of each active ingredient, and in that its container
was so made, formed, and filled as to be misleading since the carton was materially
larger than necessary to contain the bottles.
The "Effervescing Solution of Citrate of Magnesia with Magnesia Sulphate"
was alleged to be adulterated in that its strength differed from that which it
purported and was represented to possess, since its labeling represented and
suggested that it consisted of a solution of magnesium citrate to which magnesium
sulfate had been added, whereas it did not so consist but was predominantly a
solution of Epsom salts with a small proportion of magnesium citrate. It was
alleged to be misbranded in that the statement "Effervescing Solution of Citrate
of Magnesia with Magnesia Sulphate," borne on the label was false and misleading
since the article was predominantly a solution of Epsom salts with a small pro-
portion
' of magnesium citrate, and not a solution of magnesium citrate to which
magnesium sulfate had been added.
On October 27, 1942, a plea of guilty having been entered, each defendant was
fined $25.