416. Adulteration and misbranding of prophylactics.     U. S. v. 48 Gross and 11
Gross of Prophylactics.   Default decree of condemnation and destruction.
(F. D. C. Nos. 3622, 3623.   Sample Nos. 10726-E, 10729-E.)
On January 6, 1941, the United States attorney for the Southern District of
New York filed a libel against a total of 59 gross of prophylactics at New York,
N. Y., alleging that the articles had been shipped in interstate commerce on or
about November 20, 1940, by the Crown Rubber Sundries Co. from Akron, Ohio;
and charging that they were adulterated and misbranded. They were labeled in
part: "Latex Made from liquid rubber Water Cured"; or "Brevs."
The lot labeled "Latex" was alleged to be misbranded in that the statements,
"Extra Quality 2 Year Guarantee * * * Guaranteed against deterioration for
two years * * * for the prevention of contagious diseases," were false and
misleading; and in that the label did not bear an accurate statement of the quan-
tity of the contents. The lot labeled "Brevs" was alleged to be misbranded in
that the statements, "Prophylactics * * * an aid for prevention of disease
* * * new type prophylactic," were false and misleading since they were not
suitable for the prevention of disease because they contained perforations and
punctures; and because of their short length could not be depended upon to guard
against disease.
On January 25, 1941, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.