1076. Adulteration and misbranding of prophylactics.    IT. S. v. 63 Gross of Rubber
Prophylactics.    Default    decree    of    condemnation    and    destruction.
(F. D. C. No. 10109.    Sample No. 47389-F.)
On June 18, 1943, the United States attorney for the Western District of
Tennessee filed a libel against -63 gross of rubber prophylactics at Memphis, Tenn.,
alleging that the article had been shipped on or about April 19, 1943, by Hardy
Newman & Co., from Chicago, 111.; and charging that it was adulterated and mis-
branded. The article was labeled in part: (Individual packages) "One Quarter
Dozen '400" Latex Product    *    *    *    Rubber Prophylactic Devices."
Examination of 100 samples of the article showed that 15 percent were defective
in that they contained holes.
The article was alleged to be adulterated in that its quality fell below that which
it purported to possess.
It was alleged to be misbranded in that the statement "Prophylactic Devices,"
appearing on the label, was false and misleading as applied to the article.
On August 25, 1943, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.
DRUGS ACTIONABLE BECAUSE OF FALSE AND MISLEADING CLAIMS*
DRUGS FOR HUMAN USE**