2362. Misbranding of Lanteen cup diaphragm and jelly set.    II. S. v. 159 Dozen
Packages    *    *    *.     (F. D. C. No. 20251.    Sample No. 29667-H.)
LIBEL FILED: June 20, 1946, Northern District of California; amended libel
filed April 1, 1947.
ALLEGED SHIPMENT: On or about April 18 and 19, 1946, by Lanteen Medical
Laboratories, Inc., from Chicago, 111.
PRODUCT : 159 dozen articles of device at San Francisco, Calif., which were
labeled in part "Lanteen Cup Diaphragm and Jelly Set." Each set consisted
of a rubber diaphragm, two tubes of jelly, and a blooklet entitled "Directions
For Marriage Hygiene."
NATURE OF CHARGE: Misbranding, Section 502 (a), the labeling of the articles
was false and misleading, since it represented and suggested that the rubber
diaphragm and jelly were effective in preventing conception when used as
directed, whereas they were not effective for such purpose.
DISPOSITION : April 23, 1948. Lanteen Medical Laboratories, Inc., claimant,
having consented to the entry of a decree, judgment of condemnation was
entered. The decree made no finding on the charge under Section 502 (a),
but found that the articles were misbranded in violation of Section 502 (f) (1),
in that statements and designs in the booklet represented and suggested that
the directions contained in the booklet were adequate and sufficient for the
use of the product in preventing conception, whereas the directions for use were
not adequate and sufficient for such purpose. The product was ordered released
under bond to be relabeled.
DRUG ACTIONABLE BECAUSE OF CONTAMINATION WITH FILTH