26. Misbranding   of  Dr.   Wansbrough's   Metallic   Nipple   Shields.    TT.   S.  v.   20
Packages of Metallic Nipple Shields  (and 3 other seizure actions against
the  same  product).    Default  decrees  of  condemnation and destruction.
(F. D.  C.  Nos.  157,  158,  163,  166,  167,  171.    Sample Nos.  18971-D,  18972-D,
18973-D, 26999-D, 27000-D, 44825-D.)
Between February 8 and 16,1939, the United States attorneys for the Southern
District of California, the Eastern District of New York, and the Western Dis-
trict of North Carolina filed libels against 52 packages of Dr. Wansbrough's
Metallic Nipple Shields at Los Angeles, Calif.; 13 packages at Brooklyn, N. Y.;
and 10 packages of the same product at Charlotte, N. C.   The libels alleged that        (
the article had been shipped in interstate commerce within the period from on
or about September 20, 1938, to on or about January 20, 1939; that all ship-
ments, with one exception, were made by the Glasco Products Co. from Chicago,        /
111.; that one shipment had been made by the H. H. Rosenthal Co. from New        L
York, N. Y.; and charged that the article was misbranded.
when used in the dosage, or with the frequency prescribed, recommended, or
suggested in the labeling, in which it was recommended for the prevention and
relief of sore nipples and which contained directions that the shield be applied
as soon after delivery as possible; that in using them the only attention required
was to wipe the nipple previously to nursing and to apply the shield again
immediately afterwards, and that they were in no way likely to be injurious to
the infant, particularly in view of the failure of the labeling to reveal facts
material in the light of such representations, or material with respect to the
consequences which might result from the use of the article to which the labeling
related under conditions of use so prescribed or under such conditions of use
as are customary or usual, and because of failure of the labeling to reveal the
material fact that fatal lead poisoning may result in infants fed from breasts
of mothers using this appliance.
On March 7, March 8, April 10, and May 4, 1930, no claimant having appeared,
judgments of condemnation were entered and the product was ordered destroyed.