1030. Adulteration and misbranding of prophylactics.    IT. S. v. 8 Gross Packages
of Kaps. Default decree of condemnation. Product ordered disposed of
as waste rubber for war purposes. (F. D. C. No. 8106. Sample No.
16844-F.)
Samples of this product were found to be defective because of the presence of
holes.
On August 12,1942, the United States attorney for the Eastern District of New -
York filed a libel against 8 gross packages of Kaps at Brooklyn, N. Y., alleging
that the article had been shipped in interstate commerce on or about July 22,
1942, by Rubber Research Products Corporation from Jersey City, N. J.; and
charging that it was adulterated and misbranded.
The article was alleged to be adulterated in that its quality fell below that
which it purported or was represented to possess since an article containing
holes is not suitable for use as a prophylactic.
It was alleged to be misbranded in that the following statements appearing
on the labeling were false and misleading since they represented and sug-
gested that the article was free from defects, whereas it was not: (One dozen
carton and three-unit carton) "Each one of the Kaps has been filled to at least
ten times it normal capacity with water under pressure; then squeezed and
kneaded in an effort to make a hole appear-even where only a weak spot
may have existed before. Insist on water-tested merchandise." (Instruction
sheet) "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."
On May 5, 1943, no claimant having appeared, judgment of condemnation was
entered and the product was ordered delivered to the Food and Drug Adminis-
tration for the purpose of damaging and disposing of it as waste rubber for
war purposes.