1577. Adulteration and misbranding of prophylactics.    IT.   S.  v.  8}fe   Gross  of
Prophylactics (and 7 other seizure actions against prophylactics). De-
fault decrees of condemnation and destruction. (F. D. C. Nos. 15301,
15412, 15417, 15647, 15654, 15678. Sample Nos. 105-H, 809-H, 2589-H, 3609-H.
13537-H, 22909-H, 22910-H, 22913-H.)
LIBELS FILED: Between February 20 and March 31, 1945, Southern District of
Florida, Western District of Virginia, Southern District of Indiana, Middle
District of Georgia, Southern District of West Virginia, and Eastern District
of Missouri.
ALLEGED SHIPMENT: Between the approximate dates of November 2, 1944, and
February 28, 1945, by the Grown Rubber Sundries Co., from Akron, Ohio.
PRODUCT: Prophylactics, 8? gross at Tampa, Fla., 7?2 gross at Bedford, Va.,
9? gross at Evansville, Ind., 8H42 gross at Sparks, Ga., 5 gross at Huntington,
W. Va., and 3? gross at St. Louis, Mo. Examination of samples disclosed
that the article was defective in that it contained holes.
LABEL, IN PAST:    "Red-Pak," or "Seal-Tex."
NATURE OF CHARGE: Adulteration, Section 501 (c), the quality of the article fell
below that which it purported and was represented to possess.
Misbranding, Section 502 (a), the following statements on the labels of por-
tions of the article were false and misleading as applied to an article containing
holes:   (Red-Pak brand)  "Prophylactics," "Guaranteed for five years," and
"For the prevention of disease"; (Seal-Tex brand) "Prophylactics," "The
Pink of Perfection," "Made from the Highest Quality of Pure Milk of Rubber,"
"An Aid for the Prevention of Disease," and "For Prevention of Disease Only,"
Further misbranding, Section 502 (b) (1) (2), a portion of the Red-Pak
brand failed to bear a label containing (1) the name and place of business of
the manufacturer, packer, or distributor and (2) an accurate statement of the
quantity of the contents.
DISPOSITION : Between March 28 and June 4,1945, no claimant having appeared,
judgments of condemnation were entered and the product was ordered
destroyed.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS*
DRUGS FOR HUMAN USE