54. Adulteration   and   misbranding   of   prophylactics.     U.   S.   v.   263   Gross   of
Prophylactics (and 3 other seizure actions against the same product).
Default decree of condemnation and destruction. (F. D. C. Nos. 306, 373,
425, 426, 461. Sample Nos. 44479-D, 44480-D, 44481-D, 54942-D, 55930-D
55931-D, 67867-D.)
Between July 24 and August 23, 1939, the United States attorneys for the
District of New Jersey, the Northern District of Illinois, and the Southern
District of New York filed libels against 263 gross of prophylactics at Newark,
N. J., 126?2 gross of prophylactics at Chicago, 111., and 249 gross of the prod-
uct at New York, N. Y., alleging that the article had been shipped in inter-
state commerce within the period from on or about April 15 to on or about
August 4, 1939, by L-A Export Co. from Kansas City, Mo.; and charging that
it was adulterated or misbranded or both. The article was labeled variously
in part: "Truco ? * * Distributed by Penn-Jersey Rubber Co., Newark,
N. J."; "Made from Liquid Latex Air Tested G. W. R. Co."; or "Clinic [or "Air
Tested"]    *   *   *   Distributed by Gotham Rubber Co., Chicago, HI."
The lots seized in the Districts of New Jersey and Northern Illinois were
alleged to be adulterated in that the quality of the article fell below that
which it purported or was represented to possess.
Misbranding was alleged with respect to the lot seized in the Northern Dis-
trict of Illinois, and in the Southern District of New York in that the represen-
tation in the labeling that they were "Air Tested" and that in the labeling of
a portion that the product was a disease preventative, was dependable, and
had been manufactured of the finest quality of latex rubber, were false and
misleading.
Between August 18 and November 8, 1939, no claimant having appeared,
Judgments of condemnation were entered and the product was ordered
destroyed.