3227. Misbranding of hair conditioner.   U. S. v. 283 Jars, etc.    (F. D. C. No.
29041.   Sample No. 1745-K.)
LIBEL FILED :   On or about April 13, 1950, Southern District of Florida.
ALLEGED SHIPMENT: On or about February 10 and 17, 1950, by Argyle Labora-
tories, Inc., from New York, N. Y.
PRODUCT: Hair conditioner. 283 16-ounce jars and 301 8-0unce jars at St.
Petersburg, Fla., in possession of Miss Peggy Rohrer, trading as the Tru-Lan
Co.
RESULTS OF INVESTIGATION: The product was shipped unlabeled. After its re-
ceipt, the consignee, Miss Peggy Rohrer, caused to be affixed to some of the
jars a label reading, in part: "Tru-Lan Hair Conditioner With Lanolin."
No labeling agreement existed between the shipper and the consignee.
Examination showed that the product consisted essentially of petrolatum,
lanolin, water, and perfume.
NATURE OF CHARGE: Misbranding (unlabeled bottles), Sections 502 (b) (1) and
(2), the product failed to bear a label containing the name and place of busi-
ness of the manufacturer, packer, or distributor, and an accurate statement of
the quantity of the contents; Section 502 (e) (2), the product was fabricated
from two or more ingredients, and its label failed to bear the common or usual
name of each active ingredient; and, Section 502 (f)  (1), its labeling failed
above respects when introduced into, and while in, interstate commerce.
Misbranding (labeled bottles), Section 502 (a), the statement which ap-
peared on the label "To Help Relieve: Excessive Falling Hair . . . Itching
Scalp * * * Various Scalp Ills" was false and misleading since the
product was not an effective treatment for such conditions.
Further misbranding, Section 502 (a), the label statement "With Lanolin"
was misleading since the product also contained petrolatum; and, Section 502
(e) (2), the product was fabricated from two or more ingredients, and its
label failed to bear the common or usual name of each active ingredient. The
product was misbranded in the latter respects while held for sale after
shipment in interstate commerce.
DISPOSITION:   May 16, 1950.   Default decree of condemnation and destruction.