1530. Adulteration and misbranding: of prophylactics.    TJ.  S. v.  23%   Gross of
Prophylactics.    Default decree of condemnation and destruction.     (F. D.
C. No. 15449.    Sample No. 29055-H.)
On March 1, 1945, the United States attorney for the Northern District of
California filed a libel against 23? gross of prophylactics at San Francisco, Calif.,
alleging that the article had been shipped on or about September 22 and October
labeled in part: "Derbies Manufactured for Jay Dee Drug Co., Chicago, 111. By
the Killian Manufacturing Co., Akron, Ohio."
Examination of samples disclosed that the article was defective in that it con-
tained holes.
It 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 label statement, "for the prevention of Disease," was false and misleading
as applied to an article containing holes.
On March 31, 1945, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.