253. Adulteration   and   misbranding   of   prophylactics.     V.   S.   v.   49   Gross   of
Prophylactics (and 3 other seizure actions against prophylactics). De-
fault decrees of condemnation and destruction. (F. D. C. Nos. 1437, 1580,
1583, 1804.    Sample Nos. 61261-D, 61608-D, 71266-D, 7522-E, 7523-E.)
On or about February 6, March 5 and 8, and April 10, 1940, the United
States attorneys for the Southern District of California and the Southern Dis-
trict of Texas filed libels against 64? gross of prophylactics at Los Angeles,
Calif., and 84 gross of prophylactics at Houston, Tex., alleging that the article
had been shipped in interstate commerce within the period from on or about
January 16 to on or about February 27, 1940, by Akron Drug & Sundries Co.
from Akron, Ohio.; and charging that it was adulterated and misbranded. The
article was labeled in part: "Coronet," "Derbies," "Genuine Liquid Latex," or
"Koin-Pack."
It was alleged to be adulterated in that its quality fell below that which
It purported or was represented to possess.
The article was alleged to be misbranded in that the representations in the
labeling of the Coronet brand that it was a 100-percent blown-tested pro-
phylactic, and would be effective for the prevention of disease; those in
the labeling of the Derbies brand that it would be effective for the prevention
of disease; those in the labeling of the Liquid Latex brand that it would be
effective for the prevention of disease and was guaranteed for 5 years; and
those in tlte labeling of the Koin-Pak brand that it was a prophylactic, were
false and misleading.
On March 8, April 8 and 16, and May 9, 1940, no claimant having appeared,
judgments of condemnation were entered and the product was ordered destroyed.