1S8. Adulteration   and   misbranding:   of  prophylactics.    TJ.   S.   v.  47  Gross   of
Prophylactics.      Default     decree    of    condemnation    and     destruction.
(F. D. C. No. 1251.    Sample No. 87279-D.)
On or about January 2, 1940, the United States attorney for the Eastern
District of South Carolina filed a libel against 47 gross of prophylactics at
Columbia, S. 0., alleging that the article had been shipped in interstate com-
merce on or about November 10, 1939, by Ross Products from New York, N. Y.;
and charging that it was adulterated and misbranded. It was labeled in part:
"Genuine Latex Shield Prophylactics."
The article was alleged to be adulterated in that its quality fell below that
which it was purported or was represented to possess.
It was alleged to be misbranded in that representations in the labeling that
it was a prophylactic, was air-tested, and was effective for the prevention of
disease, were false and misleading.
On January 25,1940, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.