92. Misbranding of Ipana Tooth Paste.    U. S. v. 570 Gross Packages of Ipana
Tooth Paste. Consent decree of condemnation -with provision for release 
under bond for repackaging. Anaended decree ordering product delivered 
to a Federal institution.    (F. D. C. No. 688.    Sample No. 82422-E.)
The tubes containing this product occupied approximately only 23 percent 
of the capacity of the carton.
On October 28, 1939, the United States attorney for the Northern District 
of Georgia filed a libel against 570 gross packages of Ipana Tooth Paste at 
Fulton, Ga., alleging that the article had been shipped in interstate commerce 
on or about September 18, 1939, by the Bristol-Myers Co. from Hillside, N. J.; 
and charging that it was misbranded in that its containers were so made, 
formed, and filled as to be misleading.
On October 26, 1939, Bristol-Myers Co., claimant, filed an answer denying the 
allegation in the libel that the containers were misleading.
On January 8, 1941, upon application of the claimant, the cause was ordered 
removed for further proceedings and trial in the District Court for the District 
of New Jersey, and the clerk was ordered to transmit to such court all records 
necessary for it to exercise jurisdiction.
On January 21, 1942, the claimant having filed an amended answer admitting, 
for the sole purpose of the proceeding, the allegations of the libel and con- 
senting to the entry of a decree, judgment of condemnation was entered, the 
decree containing a provision, however, that the product might be released te 
the claimant upon the execution of a bond conditioned that it be repackaged in
containers identical with those which had been used by the claimant subsequent 
to July 1940, such repackaging to be done under the supervision of the Food 
and Drug Administration.
On June 19, 1942, the claimant having failed to repackage the seized goods, 
which amounted to 13 gross, an amended decree was entered providing for their 
delivery to a United States Army Post, but on July 29, 1942, the decree was 
again amended to provide for delivery to a Federal penal institution on con- 
dition that the cartons be destroyed.