43. Misbranding of tootli paste. U. S. v. 80 Dozen Packages of Gibson's Tooth Paste. Default decree of condemnation. Product ordered delivered to a charitable institution. (F. D. C. No. 827. Sample No. 68329-D.) The tubes containing this product occupied not more than 31 percent of the capacity of the cartons. On October 27,1939, the United States attorney for the Eastern District of New York filed a libel against 89 dozen packages of tooth paste at Brooklyn, N. Y. On December 11, 1939, an amended libel was filed. It was alleged in the amended libel that the article had been shipped in interstate commerce on or about Septem- ber 18 and October 12, 1939, by the Lorr Laboratories from Paterson, N. J.; and that it was misbranded in that its containers were so made, formed, and filled as to be misleading. The article was labeled in part: "Gibson's Tooth Paste * * * Whelan Laboratories, Inc., New York, N. Y." On January 5, 1940, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be delivered to a charitable institution on condition that the cartons be destroyed.