3156. Misbranding of McLaran's 3 out of 5.   U. S. v. 52 Dozen Jars, etc.   (F. D.
C. No. 24889.    Sample No. 9189-K.)
LIBEL FILED :    June 
15,1948, District of New Jersey.
ALLEGED SHIPMENT : On or about April 21 and 26 and May 4, 1948, by Inter-
national 3 out of 5 Co., Ltd., from New York, N. Y.
PRODUCT : 52 dozen jars of McLaran's S out of 5 at Asbury Park, N. J., together
with a number of reprints from various magazines, a number of streamers-
entitled "Bring New Ambition to Your Scalp," and a number of counter dis-
play cards entitled "Here's the way to Bring New Ambition to Your Scalp"
and "McLaran's 3 out of 5."
Examination showed that the product consisted essentially of lanolin, pumice,,
and a perfume material.
LABEL, IN PAKT: (Jar) "McLaran's 3 out of 5 For the Scalp Net "Weight
3 Ounces."
NATURE OF CHARGE: Misbranding, Section 502 (a), certain statements on the
jar labels, display cartons, reprints from magazines, streamers, and counter
display cards were false and misleading. The statements represented and sug-
gested that the article was effective in growing hair in 3 out of 5 cases. The
article was not effective to grow hair.
DISPOSITION: June 27, 1950. McLaran's 3 out of 5 For the Scalp, Inc., New
York, N. Y., having appeared as claimant and later having withdrawn its claim,
and Slav J. Youcheff, New York, N. Y., having subsequently filed a claim and
answer in the case and having subsequently withdrawn his answer and con-
sented to the entry of a decree, judgment of condemnation was entered. The
court ordered that the product be destroyed.