2415. Adulteration and misbranding of prophylactics.   U. S. v. 48 Gross    *    *    *.
(F. D. C. No. 24372.   Sample No. 442-K.)
LIBEL FILED :   March 11,1948, Western District of North Carolina.
ALLEGED SHIPMENT :   On or about January 29, 1948, by W. H. Keed & Co., Inc.,
from Atlanta, Ga.
PRODUCT : 48 gross of prophylactics at Shelby, N. C. Examination of samples
showed that 5 percent were defective in that they contained holes.
LABEL, IN PART : "P A N  Tested Prophylactics."
NATURE OF CHARGE:   Adulteration, Section 501 (c), the quality of the article
fell below that wliich it purported and was represented to possess.   .,
Misbranding, Section 502 (a), the label statement "Tested Prophylactics"
was false and misleading as applied to an article containing holes.
DISPOSITION :   May 17, 1948.   W. H. Reed & Co., Inc., claimant, having consented
to the entry of a decree, judgment of condemnation was entered and the product
was ordered released under bond for segregation and conversion of the unfit
portion into scrap rubber, under the supervision of the Federal Security Agency.
The product was found unmarketable and was converted into scrap rubber
and burned.