1764. Action to enjoin and restrain the interstate shipment of adulterated and
misbranded  coal-tar  colors.     U.   S.  v.   Interstate   Color  Co.,  Inc.,   and
Samuel H. Ebert.    Consent decree granting injunction.    (Inj. No. 68.)
COMPLAINT FILED: July 1, 1944, Southern District of New York, against the
Interstate Color Co., Inc., New York, N. Y., and Samuel H. Ebert, president
and treasurer of the corporation.
NATURE OF CHARGE : That since on or before May 11, 1943, the defendants had
been introducing and delivering for introduction into interstate commerce
quantities of coal-tar colors which were adulterated and misbranded in the
following manner:
Adulteration, Section 501 (a) (4), the articles bore and contained, for pur-
poses of coloring only, coal-tar colors from a batch other than one certified in
accordance with the regulations.
Misbranding, Section 502 (a), the labels of the articles bore false and mislead-
ing statements.
It was also charged that the defendants had been introducing and delivering
for introduction into interstate commerce quantities of coal-tar colors which
were adulterated and misbranded under the provisions of the law applicable to
cosmetics, as reported in notices of judgment on cosmetics.
PRAYER OF COMPLAINT: That the defendants be permanently enjoined and re-
strained from commission of the acts complained of.
DISPOSITION: January 4, 1945. The defendants having consented to the entry
of a decree, the court issued an order enjoining them from introducing or
delivering for introduction into interstate commerce any adulterated and mis-
branded drugs or cosmetics including colors consisting in whole or in part of
Oil Yellow F. N., Colour Index No. 19, or Oil Yellow C, Colour Index No. 17,
and all mixtures or combinations purporting to be certified mixtures which
contain Croceine Orange, Colour Index No. 26.    It was provided, however,
. that the order should not apply to the shipment of those colors for use other
than as drugs or cosmetics.