83. Misbranding of metallic nipple shields.   .U. S. v. 10 Boxes and 22 Packages
of Asepticon Metallic Nipple Shields. Default decrees of condemnation
and. destruction..  <F. D. CLNos. 164, 169.    SampleNos.J>829-D, 59366-P.)
February 10 and 14, 1939, the United States attorneys for the District of New
Jersey and the Eastern District of Pennsylvania filed libels against 10 boxes of
nipple shields at Passaic, N. J., and 22 packages of nipple shields at Philadelphia,
Pa.; alleging that the article had been shipped in interstate commerce on or
about January 16 and February 7, 1939, by Max Weiss & Sons, Inc., from New
York, N. Y.; and charging that it was misbranded.
The article was alleged to be misbranded in that it was dangerous to health
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, particularly in view of the failure of the labeling to reveal
facts material in the light of such representations or material with respect to
consequences which might result from the use of the article to which the labeling
related under the conditions prescribed in the labeling, 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 might result in infants fed from
breasts of mothers using the appliance.
On March 9 and 13, 1939, no claimant having appeared, judgments of condem-
nation were entered and the product was ordered destroyed.