3488. Adulteration and misbranding of clinical thermometers. U. S. v. 54 Boxes, f etc. (F. D. C. No. 31204. Sample No. 11388-L.) LIBEL FILED : June 20,1951, Northern District of Ohio. ALLEGED SHIPMENT : On or about February 12,1951, by the Primus Thermometer Co., from New York, N. T. PRODUCT: 54 boxes and 54 envelopes each containing a stubby clinical ther- mometer at Cleveland, Ohio. Examination of 15 thermometers showed that they failed to meet the re- quirements and tests specified in the United States Department of Commerce Commercial Standards for clinical thermometers since two failed to meet the entrapped gas test; two failed to meet the test for accuracy, and one of these failed also to meet the test for retreating index; and fourteen failed to meet the test for loss of pigment. NATURE OF CHARGE: Adulteration, Section 501 (c), the quality of the article fell below that which it purported and was represented to possess. Misbranding, Section 502 (a), the following statement which appeared in the labeling of the article, namely, the "Certificate of Accuracy" which was enclosed in each box and envelope, was false and misleading as applied to a product which failed to meet the stated requirements and tests: "* * * Clinical Thermometer * * * carefully examined and tested and found to meet all of the requirements and tests specified in the United States De- partment of Commerce Commercial Standard for Clinical Thermometers." Further misbranding, Section 502 (b) (1), the article failed to bear a label containing the name and place of business of the manufacturer, packer, or distributor; and, Section 502 (f) (1), the labeling of the article failed to bear adequate directions for use since its labeling bore no directions for use. DISPOSITION : July 25, 1951. Default decree of condemnation and destruction. DRUG FOR VETERINARY USE