87. Misbranding of tooth paste. U. S. v. 17 Dozen Packages of Tooth Paste. De- 
fault decree of condemnation. Product ordered deKvered to a charitable 
institution.    (F. D. C. No. 976.    Sample No. 51991-D.)
The tube containing this product occupied only about 22 percent of the space 
in the carton.
On November 14, 1939, the United States attorney for the Eastern District of 
Pennsylvania filed a libel against 17 dozen packages of tooth paste at Philadelphia, 
Pa., alleging that the article had been shipped in interstate commerce on or about 
July 8, 1939, by the Comfort Manufacturing Co. from Chicago, Ill.; and charging 
that it was misbranded in that its containers were so made, formed, or filled as 
to be misleading. The article was labeled in part: "Tooth Paste * * * 
Spearmint, distributed by Allen Products."
On April 22, 1940, the Comfort Manufacturing Co. having theretofore appeared 
as claimant, but said claimant having failed to appear at the trial to defend its
1 See also No. 34.
claim, judgment of condemnation was entered and it was ordered that the product 
be delivered to a charitable institution.