421. Adulteration and misbranding1 of prophylactics.    TJ. S. v. 19 Dozen Prophy-
lactics and 76 Dozen Prophylactics.    Default decree of destruction.    (F.
D. C. Nos. 4870, 4871.   Sample Nos. 43433-E, 43434-E.)
On June 9, 1941, the United States attorney for the Northern District of
Oklahoma filed a libel against 19 dozen animal membrane prophylactics and 76
dozen rubber prophylactics at Tulsa, Okla., alleging that the articles had been
shipped in interstate commerce on or about April 11, 1941, by International
Distributors from Memphis, Tenn.; and charging that they were adulterated and
misbranded.   The rubber prophylactics were labeled in part: "Rough Rider."
The articles were alleged to be adulterated in that their quality fell below that
which they purported or were represented to possess.
The animal membrane prophylactics were alleged to be misbranded in that
they were in package form and the label did not bear the name and place of
business of the manufacturer, packer, or distributor; and in that they were in
package form and the label did not bear an accurate statement of the quantity
of contents.
The rubber prophylactics were alleged to be misbranded in that the statement
"for prevention of disease," which appeared on the 1-gross carton, the 1-dozen
carton, and the 3-unit carton, and was stamped on the article, was false and
misleading.
On June 27,1941, no claimant having appeared, judgment was entered ordering
that the products be destroyed.