Appalachian History » My chemists and I deeply regret the fatal results.
Through the dogged persistence of federal, state, and local health agencies and the effects of the AMA and the news media, most of the elixir was recovered. Of 240 gallons manufactured and distributed, 234 gallons and 1 pint were retrieved; the remainder was consumed and caused the deaths of more than 100 victims nationwide.
Under the U.S. food and drug law then in place, the government seized Massengill’s deadly mixture only because it was misbranded; “elixir” implied that the solvent in the bottle was ethyl alcohol. Drug dispensers were required by law to label their products accurately but not to test them for safety. The company was fined $16,800 for its false label.