52. Adulteration and misbranding of prophylactics.     IT. S. v. 231 Dozen Robber
Prophylactics.     Default decree of condemnation and destruction.     (P. D. C.
No. 366.    Sample No. 47360-D.)
On August 7, 1939, the United States attorney for the District of Maryland
filed a libel against 231 dozen prophylactics at Baltimore, Md., alleging that the
article had been shipped in interstate commerce on or about July 26, 1939, by
Bengor Products Co. from New York, N. T.; and charging that it was adult-
erated and misbranded. It was labeled in part: "Texide * * * L. E.
Shunk Latex Products, Inc., Akron, Ohio."
The article was alleged to be adulterated in that its quality fell below that
which it purported or was represented to possess.
It was alleged to be misbranded in that the representations in the labeling
that it was a prophylactic and was guaranteed for 5 years, were false and
misleading.
On August 28, 1939, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.