200. Misbranding of Hairmetique. U. S. v. 5 Jars, etc. (F. D. C. No. 34374. Sample No. 52332-L.) LIBEL FILED : November 28,1952, District of New Jersey. ALLEGED SHIPMENT: On or about October 16, 1952, by Hairmetique, Inc., from New York, N.Y. PRODUCT: Hairmetique. 5 2-ounce jars of dark brown shade, 1 1-ounce jar of light brown shade, and 2 %-ounce jars of warm brown shade at Newark, N. J., together with 97 leaflets entitled "Hairmetique. The Cosmetique for Hair Please Read Carefully." Examination showed that the shades called dark brown, light brown, and warm brown did not contain coal-tar colors, but were colored with iron oxide and carbon black. The regulations for the enforcement of the Federal Food, Drug, and Cos- metic Act provide for the certification of coal-tar colors, but other colors are not eligible for certification. LABEL, IN PART: (Jars) "Hairmetique The Cosmetique For Hair." NATURE OF CHARGE: Misbranding, Section 602 (a), the following statement appearing in the leaflets was false and misleading since it created the false impression that the colors used had been certified by the Food and Drug Administration: "All color used in Hairmetique is cosmetic pigment, govern- ment certified and approved by the Pure Food and Drug Act." DISPOSITION: January 23, 1953. Default decree of condemnation and de- struction. INDEX TO NOTICES OF JUDGMENT C N. J. NOS. 197 TO 200 PRODUCTS N. J. No. Eyelash ointment 199 Hair preparation 200 Hairmetique 200 N. J. No. Lanolin 197,198 Ointment, eyelash 199 SHIPPERS, MANUFACTURERS, AND DISTRIBUTORS N. J. No. American Pharmaceutical Co., Inc.: , toilet lanolin 197 Hairmetique, Inc.: Hairmetique 200 Harco Pharmaceutical Corp.: toilet lanolin 198 N. J. No. VOA Laboratories: toilet lanolin 198 Wallace & Associates,. Inc.: eyelash ointment 199 U S. GOVERNMENT PRINTING OFFICE: 19?8 The cases reported herewith were instituted in the United States district courts by the United States attorneys, acting upon reports submitted by the Department of Health, Education, and Welfare, and include, where indicated, the results of investigations by the Department, prior to the institution of the proceedings. Published by direction of the Secretary of Health, Education, and Welfare. CHAELES W. CEAWFOBD, Commissioner of Food and Drugs. WASHINGTON, D. C, May 19,1954. CONTENTS Cosmetic actionable because of adulteration with an uncerti- fied coal-tar color Page 130 Page Cosmetic actionable because of false and misleading claims 130 Index 131 297084-54 129 [C.N.J. {yd | COSMETIC ACTIONABLE BECAUSE OF ADULTERATION WITH AN UNCERTIFIED * GOAL-TAR COLOR