417. Adulteration   and   misbranding  of   prophylactics.     IT.   S.   v.   2%   Gross   of
Prophylactics.   Default decree of condemnation and destruction.    (F. D. C.
No. 1719.   Sample No. 15386-E.)
On or about March 26, 1940, the United States attorney for the Southern
District of Illinois filed a libel against 2? gross of prophylactics at Alton, 111.,
alleging that the article had been shipped in interstate commerce on or about
February 9, 1940, by Dean & Adelsperger from Kansas City, Mo.; and charging
that it was adulterated and misbranded. The article was labeled in part:
"Dean's Peacocks."
It was alleged to be adulterated in that its quality fell-below that which it
purported or was represented to possess since it was represented to be a prophy-
lactic ; whereas it was defective in that it contained holes.
It was alleged to be misbranded in that the statements in the labeling, "Pea-
cocks are all air-blown tested-an aid in preventing venereal diseases * * *
for your protection * * * No. 1 grade blown tested," were false and mis-
leading.
On May 26,1941, no claimant having appeared, judgment of condemnation was
entered and the article was ordered destroyed.