254. Adulteration  and misbranding  of prophylactics.     IT.  S.  v.  9%  Gross,  61142
Gross, and 7 Gross of Prophylactics. Default decree of condemnation
and destruction.    (F. D. C. No. 1674.    Sample Nos. 16793-E to 16707-E, incl.).
On March 28, 1940, the United States attorney for the District of Kansas filed
a libel against 23?2 gross of prophylactics at Atchison, Kans., alleging that the
article had been shipped in interstate commerce within the period from on or
about September 27,1939, to on or about January 25, 1940, by Dean & Adelsperger
from Kansas City, Mo.; and charging that it was adulterated and misbranded.
The article was labeled in part: "Peacocks" or "Snowtex."
It was alleged to be adulterated and misbranded in that the labeling of the
Peacocks brand bore representations that it was air-blown-teste"d, was of finest
quality, would afford protection, would aid in preventing venereal disease, was
guaranteed for 2 years against deterioration, was an efficient prophylactic,
that all defects were discarded and selects only packed, that all seconds were
rejected, and that it was of exceptional quality; and the labeling of the Snowtex
brand bore representations that it was guaranteed for 10 years against deteriora-
tion, was blown-tested, and was an efficient prophylactic; whereas its quality fell
below that which its labeling purported or represented it to possess.
On May 2, 1940, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.