The Archive · 1923

The Hair Shampoo Case

Judgement in the Action by Mrs, Ren against American Drug Ca.: Tls. 4,000 Damages In the United States Court for China his Honour Judge Lob-ingler has delivered judgment in the action by Mrs, Kitty Ren against the American Drug Ca. In this case Messrs. Schuh! and Schoenfeld appeared for the plaintiff and Messrs. Haskell and Moss for the defendants.

In the course of his decision Judge Lobingier says The complaint in this cause alleges.

2—That the defendant is engaged in the business of manufacturing, selling and dealing in medicines; chemicals and drugs.

3—That during June, 1922, the defendant had manufactured and had! placed on sale to' the public in Shanghai, China; a concoction or bottled mixture known as American' Drug Cocoanut Shampoo for use on the head of human beings. 4—That the said mixture was held out to the public as being beneficial to the hair and scalp and its use was free from any deleterious effect, 5—That during June, 1922, the plain? tiff purchased a bottle of the said' medicine and used the same according to the directions accompanying the same, and as a result' was severely burned and injured' on the scalp. The hair was permanently injured, its natural' colour destroyed and turned grey.' 6—As a result of the above injuries caused by the use of defendant's mixture, the plaintiff has been' damaged in the sum of Tls. 20,000.'

The first three paragraphs above quoted are, in substance, admitted by the answer and it is not questioned that plaintiff purchased the bottle as alleged, but the injury and damage are denied and. it is further averred that the representation of beneficial result "was only made _upon the condition that the said mixture was used according to the directions."

DAMAGE TO PLAINTIFF'S HAIR, In her testimony, efter stating that she applied the shampoo according to directions, plaintiff described tha Consequences as follows (that two-thirds had fallen out and that it had turned grey).

At the trial, plaintiff uncovered her head and showed the presence of false hair which she and others declared she had not previously. worn. This exhibition in open

Text read from the printed page and cleaned; old type leaves the occasional error.

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