1528. Adulteration and misbranding: of prophylactics. U. S. v. 46 Gross Prophy-
lactics (and 3 other seizure actions against prophylactics). Default
decrees of condemnation and destruction. (F. D. C. Nos. 15236 15241,
15467, 15615.    Sample Nos. 10425-H, 18321-H, 18322-H, 29041-H, 31408-H.)
Between February 13 and March 13, 1945, the United States attorneys for the
District of Minnesota, the Western District of Pennsylvania, and the Northern
and Southern Districts of California filed libels against the following quantities
of prophylactics: 46 gross at Minneapolis, Minn., 24 gross at Pittsburgh, Pa.,
195 dozen at San Francisco, Calif., and 5 gross at Los Angeles, Calif.; alleging
that the article had been shipped between the approximate dates of October
25, 1944, and February 14, 1945, by the Dean Rubber Manufacturing Co., from
North Kansas City, Mo., and Kansas City, Mo. The article was labeled in part:
"Sekurity Prophylactics," "Dean's Genuine Reservoir End Parisian," "Ultrex
Economy Package," or "Dean's Peacocks."
Examination of samples disclosed that the article was defective in that it con-
tained holes.
It was alleged to be adulterated in that its quaKty fell below that which it
purported and was represented to possess.
The article was alleged to be misbranded in that the following label statements
were false and misleading as applied to an article containing holes: (Sekuriiy
brand) "Sekurity Prophylactics * * * Sekurity's are tested on new, mod-
ern equipment for your protection * * * An aid in preventing venereal
diseases"; (Parisian brand) "Devices for use as an aid in Preventing Venereal
Diseases. Guaranteed 2 years against Deterioration * * * Medical science
wages an unceasing battle against disease and one of its most important and
effective weapons is rubber devices * * * why buy inferior devicea and
take chances, your health comes first * * * Devices are individually Air
Blown tested and inspected under strong lights for your Protection. Insist on
Dependable Protection," "An aid in preventing Venereal disease. Guaranteed
for 2 years against deterioration. Every individual Parisian is carefully selected
and tested," and "For your Health's Sake * * * selected prophylactic
* * * a reliable safeguard for your health"; (Ultrex brand) "Scientifically
'Tested," and "Ultimate of Quality"; and (Peacock brand) "Tested," "for your
protection," and "An aid in preventing venereal diseases."
Between March 29 and June 13, 1945, no claimant having appeared, judgments
of condemnation were entered and the product was ordered destroyed.