413. Adulteration  and  misbranding  of prophylactics.     IT.   S.  v.   3%   Gross,  285
Dozen, 18 Dozen, and 30 Dozen Prophylactics. Default decrees of con-
demnation and destruction. (F. D. C. Nos. 3264, 3519, 3586. Sample Nos.
10439-E, 10440-E, 10722-E, 34728-E, 34729-E.)
On October 30 and December 19 and 30, 1940, the United States attorney for
the Southern District of New York filed libels against 3Ve gross and 333 dozen
prophylactics at New York, N. Y., alleging that the article had been shipped in
interstate commerce on or about October 3, November 5, and December 5, 1940,
by W. H. Reed & Co., Inc., from Atlanta, Ga.; and charging that it was adul-
terated and misbranded.
The article 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 the following statements were false
and misleading: (Envelope) "Three Star Brand Goldbeaters are made from choice
grade of materials * * * and represent high quality of Goldbeaters *, * *
for the Prevention Of Disease," and (instruction sheet) "The merchandise which
you will find in this package is made of selected material * * * with all
the care and skill which long experience in manufacturing can give"; (carton)
"Supreme * * * Specially Selected," and (envelope) "Supreme * * *
Specially Selected Silver-Tex Brand Goldbeaters are made from the choicest
grade of materials obtainable, * * * and represent the highest quality of
Goldbeaters. * * * for the prevention of contagious diseases"; (carton)
"Guaranteed Five Years," and (envelope) "Texide Brand Goldbeaters are made
from the choicest grade of materials obtainable, * * * and represent the
highest quality of Goldbeaters. * * * for the prevention of contagious dis-
eases only"; and (carton) "Double Selected * * * Supreme," (envelope)
"Double Selected * * * Supreme Monat Brand Goldbeaters are made from
the choicest grade of materials obtainable, * * * and represent the highest
quality * * * for the prevention of contagious diseases," and (direction
sheet) "*   *   *   for the prevention of disease."
Portions of the article were alleged to be misbranded further in that it was
in package form but (1) did not bear a label containing the name and place
of business of the manufacturer, packer, or distributor; and (2) did not bear
a label containing an accurate statement of the quantity of the contents.
On November 22,1940, and January 8 and 17,1941, no claimant having appeared,
judgments of condemnation were entered and the product was ordered destroyed.