2374. Action to enjoin and restrain the interstate shipment of prophylactics.
U. S. v. Perfection Rubber Co., William B. Augustine, Ralph 3T. Turn-
baugh, and M. E. Turnbaugh.    Injunction granted.     (Inj. No. 122.)
COMPLAINT FILED : October 19,1945, Northern District of Ohio, against the Per-
fection Rubber Co., a corporation, Akron, Ohio, William B. Augustine, presi-
dent, Ralph N. Turnbaugh, vice-president, and M. E. Turnbaugh, secretary and
treasurer.
NATURE OF CHARGE :   That the defendants since about November 1938, had been     (
engaged and were still engaged in the business of manufacturing, purchasing,      V
packing, distributing, and selling quantities of devices, and were causing the
quantities of said devices known as rubber .prophylactics; that the said devices
manufactured, purchased, packed, distributed, and sold by the defendants were
recommended and purported to be sold for the prevention of venereal diseases;
and that the devices were adulterated and misbranded in the following respects:
Adulteration, Section 501 (c), the devices consisted of defective, imperfect, and
old materials, and contained holes, defects, and other imperfections, so that
their strength differed from, and their quality fell below, that which they pur-
ported and were represented to possess; and, misbranding, Section 502 (a),
the statements in the labeling "Perfection Supreme Quality Prophylactics" were
false and misleading.
The complaint alleged further that the defendants had shipped large quan-
tities of devices in interstate commerce; that many of the shipments had been
examined, found defective, and seized; that the methods of manufacture were
primitive and inefficient; that the resulting product would be ineffective to
prevent disease; that the defendants had in their possession a large supply of
defective prophylactics which were adulterated and misbranded as aforesaid
and which they intended to introduce, and were introducing, into interstate
commerce; and that unless restrained and enjoined, they would continue such
introduction and delivery into interstate commerce.
PRAYER OF COMPLAINT : That a temporary restraining order be granted, fol-
lowed by a preliminary injunction enjoining the defendants from the commis-
sion of the acts complained of, and that upon final hearing the preliminary
injunction foe made permanent.
DISPOSITION : On November 27, 1945, a preliminary injunction was entered en-
joining the defendants during the pendency of the action from commission of the
acts complained of. On September 4,1947, the defendants having admitted the
allegations of the complaint and consented to the entry of a decree, the court
entered a decree making the preliminary injunction permanent.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS
DRUGS FOR HUMAN USE*