5316. Clinical thermometers.    (F. D. C. No. 39280.    S. Nos. 51-556/7 M.)
QUANTITY:   1,469 oral thermometers and 358 rectal thermometers at Denver,
Colo.
SHIPPED:   Between 2-27-56 and 4-23-56, from Bronx, N. T., by Dependable
Thermometer Co.
LABEL IN PAST :    (Envelope) "Tested Clinical Thermometer   Oral [or "Rectal"]
Centigrade."
ACCOMPANYING  LABELING:   Leaflets  designated  "Certificate  of  Examination
Fever Thermometer."
RESULTS OF INVESTIGATION : Examination revealed that 7 out of 24 oral ther-
mometers and 3 out of 24 rectal thermometers failed to meet the labeled stand-
ard of accuracy and were not suitable for use as clinical thermometers because
of faulty construction in that the gradation range was inadequate; there were
too wide spaces between gradations; some had more than 5? C. per inch of
scale; and some failed to retain pigment in markings when tested by recognized
procedures.
LIBELED :   6-21-56, Dist. Colo.
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 following state-
ments in the labeling were false and misleading: "Tested" and "This Certifies
that this registering clinical thermometer has been tested on the above date at
98?, 102?, and 106? F. or its equivalent in centigrade scale, and is correct within
plus or minus .20? F. or .11? C. at any of these test points. The accuracy of
this thermometer has been determined by testing and checking same with in-
struments tested by the National Bureau of Standards of the United States
Dep't of Commerce, Washington, D. C."
DISPOSITION: 3-13-57. Default-24 thermometers of each type were turned
over to the Food and Drug Administration and the remainder was destroyed.
DRUGS AND  DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS
DRUGS FOR HUMAN USE*