112. Misbranding of Lady Esther Face Powder. U. S. v. 528 Hoxes of L.ady 
Esther Face Powder. Consent decree of condemnation. Product ordered 
released nnder bond for relabeling. (F. D. C. No. 12126. Sample Nos. 
55164-F to 55168-F, incl.)
Examination of this product showed that space had been left between the 
top of the powder and the cover equivalent to approximately 47 percent of the 
total capacity of the box; that the label did not bear the address of the manu- 
facturer; and that the statement of net weight had been placed on the box 
in small type of a noncontrasting color.
On March 31, 1944, the United States attorney for the Eastern District 
of Michigan filed a libel against 528 boxes of Lady Esther Face Powder at 
Detroit, Mich., alleging that the article had been shipped by Lady Esther, 
Limited, Chicago, Ill., on or about July 20 and December 29, 1943, and February 
16,1944; and charging that it was misbranded.
The article was alleged to be misbranded in that the label did not bear the 
place of business of the maunfacturer, packer, or distributor; in that an ac- 
curate statement of the quantity of the contents was not prominently placed 
on the label with such conspicuousness, as compared with other words, state- 
ments, or designs in the labeling, as to render it likely to be read and understood 
by the ordinary individual under customary conditions of purchase and use; 
and in that its container was so made as to be misleading.
On May 26, 1944, Lady Esther, Limited, claimant, having admitted the facts 
alleged in the libel, judgment of condemnation was entered and the product 
was ordered released under bond for relabeling, under the supervision of the 
Food and Drug Administration, so as to bear the address of the manufacturer 
and set forth prominently upon the label an accurate statement of the quantity 
of contents and a statement, "Space allowed in cover for your puff," or other 
words of like tenor.
INDEX TO NOTICES OF JUDGMENT C. N. J. NOS. 96 TO 112
PRODUCTS
N. J. No. 
Alexandra de Markoff Cleansing Cream_ 102
Dentifrice 
106
Bff-Remin   Dentriflce 
106
Face creams 
102,107-109
powder 
112
Gold Coast Hair Lacquer 
98
Hair and  scalp  preparations 
96-99,
103, * 105, 111
Howard's Buttermilk Cream , 
107
Hubere Hair Lacquer 
96
Hair Lacquer Pads 
96, 97
Lacquers, hair 
96-98
Lady Esther Face Powder 
112
Lemon color 
101
1 Seizure contested.
2 Seizure contested. 
the court.
Contains opinion of
N. J. No. 
Madame  Olga  Pataky  Corrective  Tex- 
ture   Cream,   revitalized   formula
cream 
109
Miracle Aid for Wrinkles 
110
Miscellaneous    cosmetics     (water*dam-
aged, old) 
100
O. S. Lemon #401 
101
Oliv-Tone 
103
Permanent wavina; preparations 99,1105
Pierrette Custom Process of Cold Perma- 
nent Waving 
99
Quinine Scalp Rub 
111
Shaving   preparations 
2104
CJ-X Improved Shaving Medium 
2 104
Vita-Ray Vitamin Cream 
108
Waval Nutri-Tonic Oil Permanent Wave 
Solutions   and   Nutri-Tonic   Wave
Set 
1105
Wave set 
* 105
The cases reported herewith were instituted in the United States District 
Courts by the United States attorneys acting upon reports submitted by direction 
of the Federal Security Administrator.
WATSON B. MILLER, Acting Administrator, Federal Security Agency.
WASHINGTON, D. C, April 18, 1946.
Page
Cosmetics actionable because of adulteration 
with poisonous or deleterious substances       61
Cosmetic actionable because of contamination 
with filth  
_       72
Cosmetics actionable because of adulteration 
with uncertified coal-tar colors. 
72
CONTENTS
Page
Cosmetics actionable because of false and mis- 
leading claims   _       73
Cosmetics actionable because of failure to bear 
mandatory labeling.   
77
Index 
Cosmetics, subject to the drug provisions of      77 
the Act 
78
COSMETICS ACTIONABLE BECAUSE OF ADULTERATION WITH 
POISONOUS OR DELETERIOUS SUBSTANCES