70. Misbranding of tooth, paste. TJ. S. v. 40% Dozen Packages of Forhan's Tooth- 
paste. Consent decree of condemnation. Product ordered delivered to a 
charitable institution.    (F. D. C. No. 769.    Sample No. 68323-D.)
The tube containing this product occupied not more than 24.6 percent of the 
capacity of the carton in which it was packed.
On October 19, 1939, the United States attorney for the Southern District of 
New York filed a libel against 40% dozen packages of Forhan's Toothpaste at 
N'ew York, N. Y., alleging that the article had been shipped in interstate com- 
merce on or about August 29,1939, by the Zonite Products Corporation from New 
Brunswick, N. J.; and charging that it was misbranded in that its containers 
were so made, formed, or filled as to be misleading.
On February 11, 1941, the Progressive Drug Co., Inc., having admitted the 
allegations of the libel and having consented to the entry of a decree, judgment 
of condemnation was entered and the product was ordered delivered to a charitable 
Institution.
The cases reported herewith, commenced prior to June 30, 1940, were insti- 
tuted in the United States District Courts by the United States attorneys acting 
upon reports submitted by direction of the Secretary of Agriculture; and those 
commenced on and after that date were similarly instituted upon reports sub- 
mitted by direction of the Federal Security Administrator.
PAUL V. MCNTJTT, Administrator, Federal Security Agent y.
Washington, D. C, December 8,1942.
CONTENTS
Page
Cosmetics actionable Decause of adulteration
with poisonous or deleterious substances    35
Cosmetics contaminated with filth..     44
Page 
Cosmetics seized because of false and misleadmg
claims in labeling  
_    45
Cosmetics in deceptive containers     47
Index    
1    49
,  COSMETICS ACTIONABLE BECAUSE OF ADULTERATION WITH 
POISONOUS OR DELETERIOUS SUBSTANCES
Nos. 71 to 75 report the seizure and disposition of a permanent waving method 
each unit of which consisted of a cardboard box holding one bottle each of a 
shampoo hair conditioner, a curling solution, and a neutralizing solution. The 
curling solution contained ammonium hydrogen sulfide, which would be injurious 
to users under customary conditions of use.