29. Misbranding:  of  face  powder.     V,  8.  v.  708  Boxes  of  Max  Factor's Face
Povi'der.    Default decree of condemnation and destruction.    (F. D. C. No.
268.    Sample No. 65716-D.)
The container of this product was so made, formed, and filled as to be mislead- 
ing since, by reason of excessive headspace and a recess in the bottom, it con- 
tained about one-third the amount of powder indicated by its outward appearance.
On July 10, 1939, the United States attorney for the Northern District of 
Georgia filed a libel against 708 boxes of Max Factor's Face Powder at Rome, Ga.; 
alleging that the article had been shipped in interstate commerce on or about June 
26, 1939, by the Chelsea Drug Sundries Co. from New York, N. Y.; and charging 
that it was misbranded. It was labeled in part: "Max Factor's Face Powder 
Repacked by Premier Laboratories, Inc.   Wholly independent of Max Factor."
On August 9, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.