93. Misbranding of Pepsodent Tooth Paste. U. S. v. 66% Dozen Packages of 
Pepsodent Brand Tooth Paste.    Consent decree of destruction.     (F. D. C.
No. 636.    Sample No. 82412-D.)
Examination of this product showed that the tube occupied less than one- 
fifth, namely, 16.4 percent, of the capacity of the carton and that the carton 
was of sufficient size to hold two tubes.
On or about September 25, 1939, the United States attorney for the Northern 
District of Georgia filed a libel against 66% dozen packages of the above-named 
product at Atlanta, Ga., alleging that it had been shipped in interstate commerce 
on or about August 1,1939, by the Pepsodent Co. from Chicago, Ill.; and charging 
that it was misbranded in that its container was so made, formed, and filled as to 
be misleading.
On October 24, 1939, an order was entered extending the time for filing 
claims and defensive pleadings until November 13, 1939, and on November 14, 
1939, the time was again extended until November 21, 1939. On November 21, 
1939, on motion of the claimant, the Pepsodent Co., the case was ordered 
removed from the Northern District of Georgia to the Eastern District of 
Wisconsin.
On June 24, 1942, the case having been set for trial and the court having 
heard the statements of counsel, and the United States attorney having sought 
an adjournment but the court having determined that the case should proceed 
to trial and that the libel would be either dismissed or a decree entered in 
accordance with the stipulation proffered by the claimant prior to trial, and 
the United States attorney having opposed the dismissal of the libel, it was 
ordered by the court, upon the claimant's admission that the containers of the 
article were larger than was required for insertion of the tubes of tooth paste 
contained therein, but without finding that the containers were misleading 
within the meaning of the law, and with the consent of the counsel for the 
claimant, that the United States marshal destroy the product or to deliver it 
to any charitable institution.