150. Misbranding  of  nipple   shields.     TJ.   S.  v.   71   Boxes   of Dr.   Wansl>roug\h's
Metallic Nipple Shields.   Default decree of condemnation and destruction.
(F. D. C. No. 1914.    Sample No. 6973-E.)
On May 21, 1940, the United States attorney for the District of Montana filed
a libel against 71 boxes of Dr. Wansbrough's Metallic Nipple Shields at Great
Falls, Mont., alleging the article had been shipped in interstate commerce
on or about July 1, 1936, by the Glasco Products Co. from Chicago, 111.; and
charging that it was misbranded.
The article, a device, was alleged to be misbranded in that the representa-
tions in the labeling that it was for the prevention and cure of sore nipples, /
that it should be applied as soon after delivery as possible, that in using '
it the only attention required was to wipe the nipple previously to nursing
and apply immediately afterwards, and that it wis in no way likely to be
injurious to the infant, were false and misleading in chat the said representations
gave the impression that the device was a preventative and cure for sore
nipples; whereas it was not a safe and appropriate remedy or cure for sore
nipples but was a dangerous drug. The device was alleged to be misbranded
further in that the labeling was misleading since it failed to reveal the facts,
material in the light of the representations made therein, and material with
respect to consequences which might result from the use of the device under
the conditions of use prescribed in the labeling and under such conditions of
use as are customary and usual, that the use of the device in accordance with
the directions might cause fatal lead poisoning in infants fed from breasts
of mothers using said device. It was alleged to be misbranded further in
that it was dangerous to health when used with the frequency or duration
prescribed, recommended, and suggested in the labeling thereof.
On July 25, 1940, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.