2279. Adulteration and misbranding of prophylactics.   XJ. S. v. 49 Gross    *    *    *.
(P. D. C. No. 21097.   Sample No. 49695-H.)
LIBEL FILED :    September 23,1946, Western District of Texas.
ALLEGED SHIPMENT: On or about August 29, 1946, by the Dean Rubber Manu-
facturing Co., North Kansas City, Mo.
PRODUCT: 49 gross of prophylactics at San Antonio, Tex. Examination of
samples showed that 3.7 percent were defective in that they contained holes.
LABEL, IN PABT: "Economy Package No. 16 Reservoir Ends 1 Gross 12's
Peacock."
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 statements "Scientifically Tested.
Guaranteed against deterioration for two years. For your protection" were
false and misleading as applied to an article containing holes.
DISPOSITION :   May 8, 1947.   Default decree of forfeiture and destruction.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS*
DRUGS FOR HUMAN USE