272. Adulteration   and   misbranding   of   prophylactics.     TJ.   S.   v.   64%   Gross   of
Prophylactics (and 3 other seizure actions involving prophylactics). De-
fault decrees of condemnation and destruction. (F. D. C. Nos. 760, 1448.
Samples Nos. 60949-D, 74451-D, 74452-D, 74453-D.)
On or about October 20, 1939, and February 7, 1940, the United States
attorneys for the Southern District of Texas and the District of Minnesota
filed libels against 64? gross of prophylactics at Houston, Tex., and 41? gross
of prophylactics at Minneapolis, Minh.y alleging that the article had been
shipped in interstate commerce on or about September 9 and 26, 1939, by Tecla
Chemical Corporation from New York, N. T.; and charging that it was adul-
terated and misbranded. The article was labeled in part: "Saf-T-Way"; or
"Rx 96 Genuine Liquid Latex."
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 Saf-T-Way brand that it was an air-blown-tested and safe
prophylactic; and those in the labeling of the Rx 96 brand that it was a
reliable, selected prophylactic, would prevent disease, and was guaranteed
for 5 years were false and misleading.
On October 20, 1939, and March 19, 1940, no claimant having appeared,
judgments of condemnation were entered and the product was ordered destroyed.