4154. Adulteration and misbranding of clinical thermometers.   U. S. v. 8 Dozen
* * *.    (F. D. O. No. 34920.   Sample No. 56892-L.)
LIBEL FILED :   March 30,1953, Northern District of Ohio.
ALLEGED SHIPMENT : On or about March 5, 1953, by the Cardinal Thermometer
Co., from Brooklyn, N. Y.
PRODUCT: 8 dozen clinical thermometers at Cleveland, Ohio. Examination of
24 thermometers showed that 1 was a hard shaker; that 1 failed to meet the
test for retreating index; and that 2 failed to meet the test for accuracy.
LABEL, IN PABT :   "Cardinal    Fever Thermometer   Kind-Oral."
NATURE OF CHABOE: Adulteration, Section 501 (c), the quality of the article
fell below that which it purported and was represented to possess.
Misbranding, Section 502 (a), the following statements in the labeling of
the article were false and misleading since the article did not comply with
the stated specifications: (On 1 dozen package) "These thermometers have been
manufactured according to the rules and regulations, and have been com-
pared with the standard thermometers, verified By The United States Bureau
of Standards," (on unit package) "This thermometer has been made according
to regulations and compared with standard thermometers verified By The
U. S. Bureau of Standards," and (on leaflet enclosed in each unit package)
"* * * thermometer * * * has been * * * tested and found to meet all the
requirements and tests specified in the United States Department of Commerce,
Commercial Standard CS1-42 for Clinical Thermometers. This Certificate is
supported by a record of test of this thermometer * * *."
DISPOSITION :   April 28, 1953.   Default decree of condemnation and destruction.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS
DRUGS FOR HUMAN USE*