30. Misbranding: of talcum powder.    TJ. S. v. 45 Dozen Cans of Talcum Powder.
Default decree of condemnation and destruction. (F. D. C. No. 656. 
Sample No. 47919-D.)
The containers of this product were deceptive, examination having shown that 
they could easily hold an additional ounce of talcum powder.    .
On September 28. 1939, the United States attorney for the District of Mary- 
land filed a libel against 45 dozen cans of talcum powder at Baltimore, Md.; 
alleging that the article had been shipped in interstate commerce on or about 
August 8, 1939, by Talcum Puff Co. from New York, N. Y.; and charging that 
it was misbranded in that its containers vrere so made, formed, or filled as to 
be misleading.
Portions of the article were labeled in part: "White Swan [or "Showers of 
Flowers"] Mirador Perfume Co. New York-Jacksonville, Fla. Toronto Av. net 
wt. 6 ozs." The remainder was labeled in part: "Sweet Pea [or "Idly of the 
Valley"] Talcum Puff Co. New York   *   *   *   Av. net wt. 6 ozs."
On October 21, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
Issued May 1941
S OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG, 
AND COSMETIC ACT
[Given pursuant to section 705 of the Food, Drug, and Cosmetic Aet]
31-50
COSMETICS
The cases reported herewith commenced prior to June 30,1940, were instituted 
in the United States District Courts by the United States attorneys acting upon 
reports submitted by direction of the Secretary of Agriculture; and those com- 
menced on and after that date were similarly instituted upon reports submitted 
by direction of the Federal Security Administrator.
WAYNE COY, Acting Administrator, Federal Security Agency. 
WASHINGTON, D. C, April 11, 1941.
CONTENTS
Page 
Cosmetics,  adulterated  or adulterated and
misbranded 
_ ___      17
Eyelash and eyebrow dyes         17
Hair dye    
18
Scalp remedy. _  
19
Page 
Cosmetics, misbranded (on account of decep- 
tive containers) 
20
Dentifrices and shaving cream        20
Miscellaneous 
_ _       23
Index 
24
COSMETICS,  ADULTERATED   OR  ADULTERATED  AND   MISBRANDED
EYELASH AND EYEBROW DYES
31. Adultera-tiom of Andree Permanent Eye Lash and Brow Colnre. TJ. S. v. 
Leroy K. Payne (Andree Laboratories). Plea of nolo contendere. Sentence 
of f>? days' Imprisonment suspended and defendant placed on probation 
for 3 years.    (F. D. C. No. 2085.    Sample No. 47483-D.)
This product contained paraphenylenediamine, a poisonous or deleterious sub- 
stance which might have rendered it injurious to users under the conditions of 
use prescribed in the labeling or under such conditions of use as are customary 
or usual.
On July 17, 1940, the United States attorney for the Eastern District of Penn- 
sylvania filed an information against Leroy K. Payne, trading as Andree Labora- 
tories, at Coatesville, Pa., alleging shipment by said defendant on or about July 
15, 1938, from'the State of Pennsylvania into the District of Columbia of a quan- 
tity of the above-named cosmetic, which was adulterated for the reasons appearing 
above. The article was labeled in part: "Andree Permanent Eye Lash and Brow 
Colure.   This Colure Contains No Lead Nor Silver."
On September 11, 1940, the defendant entered a plea of guilty; and on Septem- 
ber 16, 1940; the court sentenced him to serve 90 days in jail. On October 17, 
1940, the court amended the sentence by suspending it and placing the defendant 
on probation'for 3 years.
813318 ??-41'
17