5181. Clinical thermometers.    (F. D.
' C. No. 39274.    S. No. 23-988 M.)
QUANTITY :   1,350 clinical thermometers at Long Beach, Calif.
SHIPPED:    3-30-56,  from  New  York,  N.  Y.,  by  Philbern  Thermometer  Co.,
Inc.
LABEL IN PART :    (Ctn.) "One Fever Thermometer    *    *    *   Philbern."
ACCOMPANYING   LABELING:    Leaflet   designated   "Certificate   of   Examination
Clinical Thermometer."
RESULTS OF INVESTIGATION: Examination revealed that 7 out of 24 thermom-
eters taken from this lot failed to comply with the requirement for accuracy,
2 of which failed also to comply with the test for retreating index, specified in
Commercial Standard CS1-52, issued by the National Bureau of Standards of
the Department of Commerce, when tested as described in such standard.
LIBELED :    6-8-56, S. Dist. Calif.
CHARGE: 501 (c)-the quality of the article, when shipped, fell below that
which it purported and was represented to possess; and 502 (a)-the state-
ment in the labeling accompanying the article, namely, "This clinical ther-
mometer has been tested by a Standard Thermometer, approved by the Bu-
reau of Standards, Washington, D. C, at the following degrees and found
to stand at:    98?    100?    104?    106?," was false and misleading.
DISPOSITION: 7-17-56. Consent-claimed by Philbern Thermometer Co., Inc.
Segregated; 169 destroyed.