339. Misbranding of pessaries.    U.  S. v. 12 Pessaries.    Default decree of con
demnation and destruction. (F. D. C. No. 2625. Sample Nos. 27373-E,
27374-E.)
On August 21, 1940, the United States attorney for the Northern District of
Ohio filed a libel against 12 pessaries at Cleveland, Ohio, alleging that the
article had been shipped in interstate commerce within the period from on
or about June 10 to on or about July 3, 1940, by the Penn Surgical Manufactur-
ing Co., Inc., from Philadelphia, Pa.; and charging that it was misbranded in
that it was dangerous to health when used with the frequency or duration
prescribed. The article was labeled in part: "Penn Plated #1 [or "#3,"
"#4," "#5," or "#6."]"
On September 23, 1940, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.
DRUGS ACTIONABLE BECAUSE OF FAILURE TO BEAR ADEQUATE
DIRECTIONS OR WARNING STATEMENTS