50. Adulteration   and   misbranding   of   prophylactics.     XJ.   S.   v.   22   Gross   of
Prophylactics (and 7 other seizure actions against prophylactics). De-
fault decree of condemnation and destruction. (F. D. C. Nos. 573 to 580,
incl.    Sample Nos. 52674-D, 79001-D.)
On September 12, 1939, the United States attorney for the Western District
of New York filed libels against 93 gross and 38^ dozen prophylactics at Niagara
Falls, N. Y., consigned by Philip Newman; alleging that the article had been
shipped from Akron, Ohio, on or about July 20, 1939; and charging that it
was adulterated, and that with the exception of one lot, it was misbranded.
The article was labeled in part variously: "Gold Town," "Majestic," "Dr.
Reade's Genuine Latex Tissue," "Medallion," "Silver-Town," "Supreme Brand,"
"Silver Crown," or "Special Selected."
It was alleged to be adulterated in that its quality fell below that which it
purported or was represented to possess.
Misbranding was alleged with respect to all goods, with the exception of
the Gold Town brand, in that the labeling of the various brands bore repre-
sentations that the article was made from the choicest grade of materials
obtainable and represented the highest quality of prophylactics, was effective
for the prevention of contagious disease, was guaranteed for 5 years, was for
medical purposes, was double and triple tested, was specially selected, was an
efficient prophylactic, and was extra quality and air tested, which representa-
tions were false and misleading.
On October 30, 1939, no claimant having appeared, judgments of condemna-
tion were entered and the product was ordered destroyed.