2117. Adulteration and misbranding of prophylactics.    U. S. v. 30 Gross    *    *    *
(and 1 other seizure action).     (F. D. C. Nos. 17518, 19636.    Sample Nos.
35916-H, 35919-H, 56446-H.)
LIBELS FILED: On or about February 28 and April 18, 1946, Western District
of Missouri.
ALLEGED SHIPMENT :    On or about December 13, 1945, and February 20, 1946, by
Killashun Sales Division, from Akron, Ohio.
PRODUCT :   Examination of 244 samples in one lot and 100 samples in the other
lot showed that 4.5 percent and 5 percent, respectively, were defective in that
they contained holes.
LABEL, IN PABT: (Portion) "Texide Rubber Sheaths," or "Tetratex Prophy-
lactics."
NATURE OF CHARGE: Adulteration (both lots), Section 501 (c), the quality of
the articles fell below that which they purported to possess.
Misbranding (1 lot only), Section 502 (a), the label statements "For Pre-
vention of Venereal Disease" and "Prophylactics" were false and misleading
as applied to an -article containing holes.
DISPOSITION : August 15, 1946. No claimant having appeared, judgments were
entered ordering the products destroyed.