257. Adulteration and misbranding: of prophylactics.   TJ. S. v. 22 Gross of Prophy
lactics (and 3 other seizure actions against prophylactics). Default de-
crees of condemnation and destruction. (F. D. C. Nos. 1260, 1445, 1756,
2226.   Sample Nos. 61283-D, 94913-D, 334-B, 336-E, 11020-E.)
On December 29, 1939, and February 9, April 5, and June 18, 1940, the United
States attorneys for the Southern District of Texas, the Southern District of
Florida, and the Western District of South Carolina filed libels against 22
gross of prophylactics at Houston, Tex.; 43 gross at Galveston, Tex.; 21 gross
at Miami, Fla.; and 4?2 gross at Gaffney, S. C, alleging that the article had
been shipped in interstate commerce within the period from on or about April
5, 1939, to on or about April 17, 1940, by Goodwear Rubber Co., Inc., from New
York, N. Y.; and charging that it was adulterated and that all lots but one
were misbranded. Three of the shipments were labeled in part: "Three Dukes,"
"Silver-Tex," or "Midgets."   The remaining lot bore no brand name.
The article in all shipments was alleged to be adulterated in that its quality
fell below that which it purported or was represented to possess.
All lots, with the exception of the lot labeled "Midgets," were alleged to be
misbranded in that representations appearing in the labeling of the Three
Dukes brand that it was a fine prophylactic, was for the prevention of disease,
was tested, would afford protection, would stand any reasonable test demanded
by the Government in accordance with the law, and was guaranteed to be as
good and safe as any brand; those in the labeling of the Silver-Tex brand that
it was a prophylactic; and those in the labeling of the lot that bore no brand
name that it was a rubber prophylactic, was of excellent quality, was guaran-
teed for 5 years, and was air-tested, were false and misleading.
On February 8, April 19, June 5, and August 17, 1940, no claimant having
appeared, judgments of condemnation were entered and the product was ordered
destroyed.