42. Misbranding of tootli paste.    U.  S. v.  G9 Dozen Packages of Pebeco Tootli
Paste. Default decree of condemnation. Product ordered delivered to a 
charitable institution.    (F. D. C. No. 829.    Sample No. 68326-D.)
The tubes containing this product occupied not more than 28 percent of the 
capacity of the cartons.
On October 30, 1939, the United States attorney for the Eastern District of 
New York filed a libel against 69 dozen packages of tooth paste at Brooklyn, N. Y. 
On December 11, 1939, the libel was amended. It was alleged in the amended 
libel that the article had been shipped in interstate commerce from Bloomfield, 
N. J., by Lehn & Fink Products Corporation on or about October 3, 1939; and 
that it was misbranded in that its containers were so made, formed, or filled as to 
be misleading.
On August 2, 1940, the claimant having failed to file an answer and the time 
for filing such answer having expired, judgment of condemnation was entered 
and it was ordered that the product be delivered to a charitable institution on 
condition that the cartons be destroyed.