45. Misbranding of shaving cream and tootb. paste.    U. S. v. 19 Dozen Packages
of Listerine Shaving Cream and 13 Dozen Packages of New Listerine 
Tooth Paste. Consent decrees of condemnation. Products ordered de- 
stroyed. (F. D. C. Nos. 728, 729. Sample Nos. 82418-D, 82419-D, 82420-D, 
82426-D.)
Examination showed that the tubes containing these products occupied approxi- 
mately only 22 percent of the space in the cartons and that the cartons were 
large enough substantially to hold two tubes. Moreover, the tubes of tooth 
paste contained less than the amount declared on the label.
On October 12, 1939, the United States attorney for the Northern District of 
Georgia filed libels against 19 dozen packages of shaving cream and 13 dozen 
packages of tooth paste at Atlanta, Ga., alleging that the articles had been snipped 
in interstate commerce within the period from on or about August 4 to Septem-
ber 7, 1939, by the Lambert Pharmacal Co. from St. Louis, Mo.; and charging 
that they were misbranded cosmetics.
Both products were alleged to be misbranded in that their containers were so 
made, formed, or filled as to be misleading. The tooth paste was alleged to be 
misbranded further in that the statement "Net Weight % Oz. or 22 gm." was 
false and misleading as applied to an article that was short weight.
On November 25, 1939, the Lambert Pharmacal Co. having appeared as claim- 
ant, an order was entered removing the cases for trial to the Eastern District of 
Illinois. On January 22, 1940, answers to the libels were filed by the claimant, 
the Lambert Pharmacal Co., denying that the products were misbranded and 
further denying that the shaving cream was a cosmetic.
On May 20, 1940, the claimant having consented to the entry of decrees, judg- 
ments of condemnation were entered and it was ordered that the products be 
destroyed. The decrees contained the following provision: "It is further Ordered, 
Adjudged and Decreed, That this is a proceeding in rem and that this decree is 
without prejudice to the rights of the United States of America or of the said 
claimant, Lambert Pharmacal Company, in any other litigation whatever."