264. Adulteration and misbranding of prophylactics.    IT. S. v. 20 Gross and 43
Gross of Prophylactics.   Default decrees of condemnation and destruction.
(F. D. C. Nos. 1339, 1999.    Sample Nos. 61140-D, 1967-E.)
On January 11 and May 22, 1940, the United States attorneys for the
Southern District of Alabama and the Eastern District of Virginia filed libels
against 20 gross of prophylactics at Mobile, Ala., and 43 gross of prophylactics
at Richmond, Va., alleging that the article had been shipped in interstate com-
merce on or about September 1, 1939, and April 11, 1910, by the Magnet
Merchandise Co. from New York, N. T.; and charging that it was misbranded
and that one lot was also adulterated. The article was labeled in part: "Silver
Skin" or "Pan."
The Pan brand was alleged to be adulterated in that its quality fell below
that which it purported or was represented to possess. It was alleged to be
misbranded in that representations in the labeling that it was a carefully tested
prophylactic of fine quality were false and misleading.
The Silver Skin brand was alleged to be misbranded in that the representa-
tion in the labeling that it was guaranteed for 5 years, which indicated that it
would remain in good condition and be of good quality for 5 years, was false
and misleading, since it was defective because of the presence of holes.
On June 28 and July 10, 1940, no claimant having appeared, judgments of
condemnation were entered and the product was ordered destroyed.