4075. Adulteration and misbranding of clinical thermometers.   U. S. v. 408 Ther
mometers * * *.   (F. D. C. No. 34392.   Sample No. 40625-L.)
LIBEL FILED :    December 11, 1952, Western District of Washington.
ALLEGED SHIPMENT: On or about October 10, 1952, by the Dependable Ther-
mometer Co., from New York, N. Y.
PRODUCT: 408 clinical thermometers at Seattle, Wash. Examination of 24
thermometers showed that 4 failed to meet the test for accuracy, that 2 failed
to meet the test for retreating index, and that 1 was a hard shaker.
LABEL, IN PABT:   "Dependable   Oral."
NATURE OF CHARGE: Aduleration, 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 statements in the labeling of
the article were false and misleading as applied to the article, which failed
to meet the tests laid down in Commercial Standard CS1-52, issued by the
United States Department of Commerce, for accuracy, retreating index, and
hard shaker: (Brown envelope in which each thermometer is packaged)
"Certificate and Guarantee of Accuracy and Reliability * * * Oral This
Registering Clinical Thermometer was tested and examined on the above
date and was found to meet all of the requirements and tests specified in
Commercial Standard CS1-52, developed by the trade under the procedure
of the Commodity Standards Division and issued by the United States Depart-
ment of Commerce."
DISPOSITION :    May 18, 1953.   Default decree of condemnation and destruction.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS*