2324. Adulteration and misbranding of prophylactics.    IT. S. v. 118 Gross    *    *    *
(and 1 other seizure action).    (F. D. C. Nos. 23014, 23632.    Sample Nos.
66699-H, 86713-H.)
LIBELS FILED: May 7 and August 12, 1947, Eastern District of Missouri and
Eastern District of Pennsylvania.
ALLEGED SHIPMENT : On or about August 5, 1946, and July 7, 1947, by Killashun
Sales Division, from Akron, Ohio.
PRODUCT :   Prophylactics.   118 gross at St. Louis, Mo., and 21 gross at Philadel-
phia, Pa.   Examination of samples showed that 4 percent in one lot and 4.5
percent in the other lot were defective in that they contained holes.
LABEL, IN PART:   "Tetratex [or "Texide"] Prophylactics."
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 "Prophylactic" and
"Prophylactics tested" were false and misleading as applied to an article
containing holes.
DISPOSITION: June 6, 1947, and January 19, 1948. Default decrees of condem-
nation and destruction.