1325. Adulteration and misbranding of prophylactics.   U. S. v. 19 Packages and 40% Gross
of Prophylactics. Decrees of destruction. (F. D. C. Nos. 12156, 13028. Sample
Nos. 67053-F, 80829-F to 80831-P, lncl.)
On or about April 11 and July 27, 1944, the United States attorney for
the Western District of Missouri filed libels against 40? gross of prophy-
lactics and 19 packages, each containing 1 dozen, of the same product at
Kansas City, Mo., alleging that the article had been shipped between the
approximate dates of March 7 and June 6, 1944, by the Crown Rubber Sun-
dries Co., from Akron, Ohio; and charging that it was adulterated and mis-
branded. The article was labeled in part: "Genuine Gold Beaters," "Tetratex
Genuine Latex Prophylactics Mfd. By L. E. Shunk Latex Products Inc. Akron,
Ohio," or "Genuine Latex * * * Apris Prophylactics Mfd. by The Killian
Mfg. Co. Akron, Ohio."
Samples of the article were found to be defective because of the presence
of holes.
The article was alleged to be adulterated in that its quality fell below
that which it purported and was represented to possess.
It was alleged to be misbranded in that the statements in the labeling of
one lot, "Prophylactics," and of the other lot, "for prevention of diseases"
and "for the prevention of disease only," were false and misleading since
the article contained holes. A portion of the product was further mis-
branded in that its label failed to bear the name and place of business of the
manufacturer, packer, or distributor.
On July 28 and October 26, 1944, no claimant having appeared, judgments
were entered ordering the product destroyed.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS*
DRUGS FOR HUMAN USE