1632. Adulteration and misbranding of prophylactics.    U. S. v. 16%  Gross  and
111J?   Gross  of  Prophylactics.    Default  decrees   of  condemnation  and
destruction.     (F. D. C. Nos. 15655, 15989.    Sample Nos. 25420-H, 26447-H.)
LIBELS FILED : On or about March 23 and May 3, 1945, District of Colorado and
District of Utah.
ALLEGED SHIPMENT: Between the approximate dates of December 28, 1944, and
March 8,1945, from Akron, Ohio, by the Akron Drug and Sundries Co.
PRODUCT : 16*4 gross of prophylactics at Denver, Colo., and 111? gross of pro-
phylactics at Salt Lake City, Utah. Examination of samples disclosed that the
article was defective in that it contained holes.
LABEL, IN PABT: "Derbies Manufactured for Jay Dee Drug Co., Chicago, 111.
By the Killian Manufacturing Co.   Akron, Ohio."
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 label statement, "for the prevention of
Disease," was false and misleading as applied to an article containing holes.
DISPOSITION: April 7,and July 28, 1945. No claimant having appeared, judg-
ments of condemnation were entered and the product was ordered destroyed.
DRUGS ACTIONABLE BECAUSE OF FALSE AND MISLEADING CLAIMS*
DRUGS FOR HUMAN USE