3258. Misbranding of Blanche Dunlap's massage cream and Mor-Hair scalp
treament. U. S. v. 44 Bottles, etc (F. D. C. No. 29379. Sample Nos.
67731-K to 67733-K, incl.)
LIBEL FILED :   July 5,1950, District of Utah.
ALLEGED SHIPMENT: On or about March 15, 1950, by Blanche Dunlap, Inc.,
Brown Palace Hotel Beauty Sales, from Denver, Colo.
PRODUCT : 44 4-ounce bottles of Blanche Dunlap's massage cream, and 10 car-
tons, each containing 2 4-ounce bottles and 1 4-ounce jar, of Mor-Hair Scalp
Treatment at Salt Lake City, Utah, together with a number of leaflets en-
titled "The Mor-Hair Scalp Treatment"
RESULTS OF INVESTIGATION: The leaflet was received by the consignee from
Blanche Dunlap, Inc., about four years previous to the seizure of the scalp
treatment.
Analyses showed that the Blanche Dunlap's massage cream consisted es-
sentially of castor oil, glycerin, and isopropyl alcohol, and that the Mor-Hair
scalp treatment consisted essentially of the following: ("Trick 1") kero-
sene and saponifiable oils, such as olive oil and castor oil; ("Trick 2") creo-
sote, mineral oil, and saponifiable oils; and ("Trick 3") petrolatum, with a
small proportion of saponifiable oil.
LABEL, IN PART: (Bottle) "Blanche Dunlap's Massage Cream"; (carton) "Mor-
Hail Scalp Treatment"; (bottle) "Blanche Dunlap's Trick 1" [or "Trick 2"] ;
and (jar) "Blanche Dunlap's Trick 3."
NATURE OF CHARGE : Blanche Dunlap's massage cream. Misbranding, Section
502 (a), the label statements "Now something can be done to glamorize your
figure. Ask about the guaranteed Breast Massage Treatment Let us help
you to get the contour you desire" were false and misleading since the article  (
was not effective for the purposes stated and implied; and, Section 502 (e)
(2), the article was fabricated from two or more ingredients, and its label
failed to bear the common or usual name of each active ingredient and failed.
to declare the amount'of isopropyl alcohol contained therein. The article
was misbranded in the above respects when introduced into, and while in,,
interstate commerce.
Mor-Hair scalp treatment. Misbranding, Section 502 (a), the statement on.
the carton label "The Mor-Hair Scalp Treatment Keys to luxuriant healthy-
hair" was false and misleading since the article was not effective for the-
purposes stated and implied. Further misbranding, Section 502 (a), certain,
statements in the above-mentioned leaflet accompanying the scalp treatment:
were false and misleading since the statements represented and suggested.
that the article was an adequate and effective treatment for baldness, dandruff,,
itchy scalp, and scalp disorders; and that it would maintain a healthful,
condition of the scalp and restore original color to dull and faded hair,
whereas the article was not effective for the purposes stated and implied.
The article was misbranded by reason of the statement on the carton-
label when introduced into, and while in, interstate commerce, and it was mis-
branded by the statements in the leaflet while held for sale after shipment in
interstate commerce.
DISPOSITION: August 25, 1950. Default decree of condemnation. The court
ordered that the products be disposed of by the United States marshal; accord-
ingly, they were destroyed.