1393. Misbranding of mentbol Inhalers.   U. S. v. 126 Cartons of Menthol Inhalers.
Default decree of condemnation and destruction. (F. D. C. No. 11911.
Sample No. 60702-F.)
On February 29, 1944, the United States attorney for the Northern District
of California filed a libel against 126 cartons, each containing 12 menthol in-
halers, at San Francisco, Calif., alleging that the article had been shipped on
or about February 9 and April 9, 1943, by the Eagle Druggists Supply Co., from
New York, N. Y.; and charging that it was misbranded.
Examination disclosed that the article contained less than the 7 grains of
menthol declared on the label, the average shortage being 17.7 percent.
The article was alleged to be misbranded (1) in that the label statement!,
"Menthol 7 Grains," was false and misleading since the article did not con-
tain 7 grains of menthol; and (2) in that its label failed to bear an accurate
statement of the quantity of the contents, since the statement made was
incorrect.
On October 2, 1944, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.