331. Misbranding of radioactive cones.    TJ. S. v. 5 Radioactive Cones.    Decree of
condemnation with provision for release under bond under certain con-
ditions: otherwise that it be destroyed.     Product destroyed.     (F. D. C. No.
2530.    Sample No. 9585-E.)
This product would be dangerous to health when used in the manner recom-
mended and suggested in the labeling. It also failed to comply with certain
labeling requirements of the law as indicated below.
On August 14, 1940, the United States attorney for the Western District of
Louisiana filed a libel against 5 radioactive cones at Shreveport, La., alleging
that the article had been shipped in interstate commerce on or about March 20,
1940, by the Thomas Radioactive Cone Co. from Inglewood, Calif.; and charging
that it was misbranded.
It was alleged to be misbranded in that its labeling was misleading in that it
failed to reveal the fact material in the light of the representation that it was
radioactive, that when used to impart radioactivity to water the drinking of such
water might result in injury to the user; in that its label failed to bear the
name and place of business of the manufacturer, packer, or distributor; in that
the label failed to bear the common or usual name of the ingredient or ingre-
dients of the article; in that the labeling failed to bear adequate directions for
use; in that the labeling failed to bear adequate warnings against use by chil-
dren and against unsafe dosage or methods or duration of administration or
application in such manner and form as are necessary for the protection of
users; and in that it was dangerous to health when used with the frequency
or duration prescribed, recommended, or suggested in the labeling.
On November 29, 1940, judgment of condemnation was entered and the prod-
uct was ordered released under bond to Ruby V. Turnley, Longview, Tex.,
claimant, conditioned that it should not be disposed of in violation of the law.
Upon failure of the claimant to comply with the conditions of the decree the
product was destroyed.