1871. Adulteration and misbranding of prophylactics.    TJ. S. v. 22 Gross and 47
Gross of Prophylactics.    Default decrees of destruction.     (F. D. C. Nos.
17551, 18052.   Sample Nos. 18417-H, 47470-H.)
LIBELS FILED : October 27, 1945, and February 28, 1946, District of Minnesota
and District of Utah.
ALLEGED SHIPMENT: On or about October 8, 1945, and January 7, 1946, by the
Akron Drug and Sundries Co., from Akron, Ohio.
PRODUCT: 22 gross of prophylactics at Salt Lake City, Utah, and 47 gross of
Prophylactics at Minneapolis, Minn. Examination of samples disclosed that
3.7 percent of those from the Minnesota lot and 7.9 percent of those from the
Utah lot were defective in that they contained holes.
LABEL, IN PART :    "Napoleons [or "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 prevention of disease,"
was false and misleading as applied to an article containing holes.
DISPOSITION:   December 17, 1945, and April 5, 1946.   No claimant having ap-
peared, judgments were entered ordering that the product be destroyed.