3473. Adulteration and misbranding of oral and rectal thermometers.  U. S. v. 21
Dozen   *    *    *    (and 1 other seizure action).    (F. D. C. Nos. 30781,
30782.   Sample Nos. 25319-L, 25320-L.)
LIBELS FILED :   February 27, 1951, Eastern District of Pennsylvania.
ALLEGED SHIPMENT :   On or about January 3 and 16,1951, by Guardian Thermom-
eter Co., Inc., from New York, N. Y.
PRODUCT:   21 dozen oral thermometers and 34 dozen rectal thermometers at
Philadelphia, Pa.
Examination of 24 oral thermometers showed that 5 failed to meet the
labeled standard of accuracy and that 9 failed to meet the CS1-32 requirement
that the width of the engraved markings be less than the intervening spaces.
Examination of 24 rectal thermometers showed that 3 failed to meet the labeled
standard of accuracy; that 3 failed to meet the CSl-32 test for entrapped gas j
and that 1 failed to meet the test for retreaters.
LABEL, IN PART : "Oral Clinical Thermometers" and "Globe Fever Thermometer
Rectal."
NATURE OF CHARGE: Adulteration, Section 501 (c), the quality of the thermom-
eters fell below that which they purported and were represented to possess.
Misbranding, Section 502 (a), the statements which appeared in the labeling
of the thermometers were false and misleading as applied to articles which
failed to comply with the following specifications: (Oral thermometer) "This
Certifies that the enclosed thermometer bearing the above identification number
has been tested on the above date at 98?, 102? and 106? F. and is correct within
plus or minus 2/10 F. at any of these test points. This test is governed by a
Standard Thermometer which has been tested and approved by the Bureau of
Standards, Washington, D. C. All our thermometers are manufactured in
accord with their specifications. (C. S. 1-32 Department of Commerce). The
enclosed thermometer is guaranteed to be of absolute accuracy * * *";
(rectal thermometer) "This thermometer has been tested, found to comply
with the requirements of the Department of Commerce Commercial Standard
C. S. 1-32"; and (on leaflet accompanying rectal thermometers) "This is to
* Certify that Self-registering Clinical Thermometer 'GT' has been examined,
tested and found to meet all requirements and tests specified in the 'Commercial
Standard CSl-32 for Clinical Thermometers' used by the United States Depart-
ment of Commerce. 'Three point' comparisons with clinical Standard Ther-
mometer, certified by the Bureau of Standards, Washington, D. C, showed no
variations of reading in excess of negligible tolerances of one-fifth of a degree,
plus or minus.    The instrument-having been properly made and seasoned-
is correct and should not change with age   *    *    *."
DISPOSITION :   May 24, 1951.   Default decrees of condemnation and destruction.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS*