266. Adulteration   and   misbranding   of   prophylactics.     V.   S.   v.   14   Gross,   24
Gross, 19 Gross, and 9 Gross of Prophylactics. Default decrees of con-
demnation and destruction. (F. D. C. Nos. 1226, 1237. Sample Nos. 85681-D.
85682-D, 85686-D, 85687-D.)
On December 21 and 22, 1939, the United States attorney for the Middle Dis-
trict of Pennsylvania filed libels against 66 gross of prophylactics at Scranton,
Pa., alleging that the article had been shipped in interstate commerce on No-
vember 9 and December 13, 1939, by Penn-Jersey Drug Co., Inc., from Newark,
N. J.; and charging that it was adulterated and misbranded. The article was
labeled in part: "Tuxedo," "Pro-Tek," "Hobby-Tex," or "Tally-Ho."
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 appear-
ing variously in the labeling that it was an improved disease preventative,
was a health protector, was guaranteed against deterioration, that it was for
medicinal purposes, and was guaranteed for 5 years, were false and misleading.?,-
On February 8, 1940, no claimant having appeared, judgments of condemna-?\^
tion were entered and the product was ordered destroyed.