1492. Misbranding- of Dr. Hibbard's  Olive Vitalizer for Hair and  Scalp.    U.  S.
v. 116 Packages of Dr. Hibbard's Vitalizer for Hair and Scalp. Default
decree of condemnation and destruction. (F. D. C. No. 13845. Sample
No. 8S020-F.)
On or about October 2, 1944, the United States attorney for the District of
Connecticut filed a libel against 116 packages of the above-mentioned product at
Middletown, Conn., alleging that it had been shipped on or about March 22 and
July 13,1944, by the Mulford Pharmacal Co., from Boston, Mass.
Examination showed that the article consisted essentially of mineral oil,
water, and a small amount of sulfur and of boric acid, colored yellow.
The article was alleged to be misbranded (1) in that the label statement,
"Olive Vitalizer for Hair and Scalp," was false and. misleading as applied to the
product, which contained no olive oil and which was not effective as a vitalizer for
the hair and the scalp; (2) in that the label statement, "Active Ingredients Bayol,
Boric Acid, Capsicum & Solution of Sulphur," was misleading since it created
the impression-that those ingredients would be effective in vitalizing the hair
and scalp, and it failed to reveal the material fact that the product contained
mineral oil; and (3) in that it failed to bear a label containing.an accurate state-
ment of the quantity of the contents since no statement of the quantity of the
contents appeared on its label.
On November 28, 1944, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.