2218. Adulteration and misbranding of prophylactics.    U. S. v. 50 Gross     *     *     *.
(F. D. C. No. 22861.    Sample No. 61043-H.)
LIBEL FILED :   April 22,1947, Western District of New York.
ALLEGED SHIPMENT :   On or about March 28,1947, by the Schaeffer Products Co.,
from Cleveland, Ohio.
PRODUCT:   50 gross of prophylactics at Rochester, N. Y.   Examination of 288
samples showed that 2.4 percent were defective in that they' contained holes.
LABEL, IN PART :    "La Vita   Prophylactics."
NATURE OF CHARGE:   Adulteration, Section 501 (c), the quality of the artiele
fell below that which it purported and was represented to possess.
Misbranding, Section 502 (a), the label statements "Prophylactics   *    *    *
aid in the prevention of disease" were false and misleading as applied to an
article containing holes.
DISPOSITION :    May 26, 1947.    Default decree of condemnation and destruction.