880. Misbranding: of prophylactics. IT. S. v. 41 Gross of Midgets. Default decree
of condemnation. Product ordered destroyed. (F. D. C. No. 7985. Sample
No. 16834-F.)
This product purported to be a prophylactic, but would not be effective for
such purpose because it contained holes.
On July 25, 1942, the United States attorney for the Southern District of New
York filed a libel against 41 gross of an article labeled in part: "Midgets the
Short Cap Type Sheath," at New York, N. Y., alleging that the article had been
shipped in interstate commerce on or about July 10, 1942, by the Rubber Research
Products Corporation from Jersey City, N. J.; and charging that it was adulter-
ated and misbranded.
which it purported land was represented to possess, since it contained holes and
was not suitable for use as a prophylactic.
It was alleged to be misbranded in that the following statements in the labeling,
"Notice: The enclosed sheath has been 'Water Tested' by expanding, under water
pressure, to at least ten times its normal capacity-then examined closely for
any detectable leak," were false and misleading, since such statements repre-
sented and suggested that the article was free from defect, whereas it was not.
On August 24,.1942, no claimant having appeared, judgment of condemnation
was entered and it was ordered that the product be cut up and disposed of as
scrap rubber.