5019. Clinical thermometers. (F. D. C. No. 38736. S. No. 36-937 M.) QUANTITY : 64 clinical thermometers in envelopes at West New York, N. J. SHIPPED: 2-9-55 and 3-1-55, from New York, N. Y., by Dependable Ther- mometer Co. LABEL IN PAKT: (Envelope) "Tested Clinical Thermometer Kind Rectal." ACCOMPANYING LABELING: Inserts designated "Certificate of Examination Fever Thermometer." RESULTS OF INVESTIGATION: Examination revealed that 2 out of 15 thermom- eters taken from this lot failed to meet the labeled standard of accuracy. LIBELED : 12-8-55, Dist. N. J. OHAKGE: 501 (c)-the quality of the article, when shipped, fell below that which it purported and was represented to possess; and 502 (a)-the label statements "This Certifies that the thermometer bearing the above identifica- tion number has been tested on the above date at 98?, 102? and 106? F. or its equivalent in centigrade scale, and is correct within plus or minus .20? F. or .11? C. at any of these test points. The accuracy of this thermometer has been determined by testing and checking same with instruments tested by the National Bureau of Standards of the United States Dep't. of Commerce, Washington, D. C." were false and misleading. DISPOSITION : 1-10-56. Default-destruction. DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND MISLEADING CLAIMS DRUGS FOB HUMAN USE*