8. Adulteration of Mary Luckie Improved Lash and Brow Dye. U. S. v. 24 
Pacfcagres of Mary Lnekie Improved Lash and Brow Dye (and 8 other 
seizure actions against the same product). Default decrees of condemna- 
tion, and destruction. (F. D, C. Nos. 78 to 86. tod., 88. Sample Nos. 9216-D, 
9217-D, 23820-D, 23829-D, 23830-D, 23831-D, 23832-D, 23833-D, 27599-D, 
30627-D.)
This product contained paraphenylenediamine and hydrogen peroxide, and 
was an adulterated cosmetic as explained hereinafter.
Between October 21 and October 29, 1938, the United States attorneys* for 
the Northern, Eastern, and the Southern Districts of Texas filed libels against 
122 packages of Mary Luckie Improved Lash and Brow Dye in various lots at 
Dallas, Fort Worth, Lubbock, Tyler, Kilgore, Amarillo, and Houston, Tex.; 
alleging that the article had been shipped in interstate commerce within the 
period from on or about July 5 to on or about August 23, 1938, by Mary 
Luckie, Inc.; and charging that it was adulterated.
The article was labeled in part: (Circular) "Directions in the Use of 
Mary Luckie Lash And Brow Dye To Be Applied by Registered Licensed Beauty 
Operator Only Use glass, china or wooden dish to mix, as follows: Mix one 
spoonful of No. 3, No. 4, No. 5  (spoon enclosed in unit).   This fs the Dye
Mixture. Next prepare patron. Drop two drops of contents of bottle No. 1 
into eyes. This is a medically approved Eye Wash. Use cotton to remove all 
Eye Wash from around eyes. Next make a swab of cotton on a small orange 
stick, dip in bottle No. 2 and cover brow, lashes and skin around eye. Apply 
freely in and through the brows, as this oil will prevent the dye staining the 
skin, at the same time will permit the lashes and brows to dye. Next place 
the paper plaques (enclosed in unit) underneath lower lash-then ask patron 
to close eyes and relax. Next, with dean orange stick apply the mixture 
from the dish to lashes first, then the brows. Leave 5 to 10 minutes after the 
dye is on brows. It is not necessary to leave on longer. Have cotton wet 
with cold water, gently remove brow application first, then working down- 
ward on lashes, remove all of the dye mixture on the paper plaque, then remove 
plaque. Patron's eyes must be dosed until you have removed all the mixture 
from upper and lower lashes. Last, drop more Eye Wash from bottle No. 1 
with eye-dropper enclosed in unit This will deanse eye. Keep dropping in 
Eye Wash until eye feels dean and clear. Use no soap. * * * You are at 
liberty to make the paste thicker using more of the powder from No. 3"; 
(circular accompanying most shipments) "Warning Mary Luckie Lash and 
Brow Dye is to be applied only by a licensed beauty operator, who has been 
taught to give primary dye tests. "Mary Luckie, Inc., requests thdt you use the 
following method: Follow the directions endosed in each and every unit of 
Mary Luckie Lash and Brow Dye to mix No. 3, 4 and 5. Apply a generous 
amount of this mixture to the skin back of the ear lobe then seal with gauze 
and tape and leave for 24 hours. If patron is allergic the skin will show 
pink and no lash and brow dye should be given until this test repeated shows 
negative. This is not a test of Mary Luckie Lash and Brow Dye but a test 
of the patron as many people have an idiosyncrasy for any dye."
Adulteration of all lots, with the exception of two seized in the Eastern 
District of Texas, was alleged in that the article contained paraphenylenedia- 
mine and hydrogen peroxide, poisonous and deleterious substances which might 
have rendered the use of the said artide injurious to users under the conditions 
of use prescribed in the labeling or under such conditions of use as are cus- 
tomary or usual. The libels filed in the Eastern District of Texas alleged 
adulteration in that the article contained a poisonous or deleterious substance, 
paraphenylenediamine, which might have rendered it injurious to users under 
the conditions of use prescribed in the labeling.
Between the dates of November 10, 1938, and May 19, 1939, the consignees 
of three of the lots seized at Dallas, Tex., having admitted the allegations of 
the libels and having consented to the entry of decrees and no appearance 
having been entered in the remaining cases, judgments of condemnation were 
entered and the product was ordered destroyed.