105. Alleged misbranding' of Nutri-Tonic Oil Permanent Wave Solution, and 
Nutri-Tonic Wave Set. XT. S. v. 45 12-Ouiiaee Bottles and 117 1-Q,uart 
Bottles   ?f  Nutri-Tonic  Oil.    Tried to  a  jury;   verdict  for tlie  claimant.
Decree ordering goods returned to tlae claimant.    (F. D. C. No. 6800.    Sample 
Nos. 79164-E, 81105-E.)
On January 31, 1942, the United States attorney for the" Middle District of 
"Tennessee filed a libel against 45 12-ounce bottles and 117 1-quart bottles of 
Nutri-Tonic Oil at Nashville, Tenn., alleging that the article had been shipped 
or caused to be shipped by the Waval Permanent Wave Supply Company and 
Thermal Wavpaks, Inc., on or about November 17, 1941, from Hollywood, Calif.; 
and charging that it was misbranded.
Examination of a sample of the article showed that it consisted essentially 
of water, ammonia, and ammonium sulfite.
The libel alleged that the article was misbranded in that the designation 
"Nutri-Tonic Oil" was false and misleading since it was a cosmetic and not a 
nutrient, a tonic, or an oil.
On February 25, 1942, Samuel 0. Ronk of Los Angeles, Calif., without entering 
his appearance for any other purpose, moved the court for removal of the 
case to the District Court for the Southern District of California at Los Angeles. 
On March 23, 1942, the Government filed a motion to strike the motion of Samuel 
O. Ronk, on the ground that he had no standing in court and because the 
court was without jurisdiction to order the removal of the proceedings to the 
principal place of business of the inter venor. On March 26, Samuel O. Ronk, 
with permission of the court, amended the motion of February 25, 1942, and 
for the purpose of entering his appearance generally, moved that the court 
transfer the cause to a District of reasonable proximity to the claimant's 
principal place of business in the event that the court was of the opinion 
that the cause should not be transferred to the District of his residence.
On March 24, 1942, after hearing on the motions filed, the court ordered 
the case removed to the District Court of the United States for the Southern 
District of California at Los Angeles. A motion was filed by the United States 
Attorney for the Southern District of California to remand the case to the 
Middle District of Tennessee, which motion was heard on June 8, 1942., and was 
denied by the court without opinion.
On August 17, 1942, the United States attorney for the Southern District of 
California filed an amended libel because of the fact that a larger amount of 
the product had been seized than was covered by the original libel. The amended 
libel covered 24 12-ounce bottles and 116 1-quart bottles of Nutri-Tonic Oil 
Permanent Wave Solution, Extra Strength, 81 12-ounce bottles of Waval Nutri- 
Tonic Oil Permanent Wave Solution Protein-ized, Extra Strength, 140 1-quart 
bottles of Waval Nutri-Tonic Oil Permanent Wave Solution, Protein-ized, Extra 
Strength, and 84 bottles of Waval Nutri-Tonic Wave Set. The amended libel 
also covered 59 kits labeled in part: "Waval Nutri-Tonic Oil Permanent Wave 
Solution Extra Strength"; containing in each kit 1 12-ounce bottle of the cos- 
metic, 100 pads, and 2 circulars, but was later dismissed with respect to the 
kits and contents.
The libel, as amended, alleged that the designation "Nutri-Tonic Oil," with 
respect to portions, and the statement, "Nutri-Tonic," with respect to the 
remainder, were false and misleading since in the former instance the product 
was not a nutrient, tonic, or an oil, and in the latter it was not a nutrient or a 
tonic.
On January 5, 1943, the case came on for trial before the court and a jury. 
Evidence was introduced on behalf of the Government and the claimant, the 
trial concluding on the same day with the return of a verdict for the claimant.
On January 7, 1943, a decree was entered ordering the product returned to r 
the claimant.