2471. Adulteration and misbranding- of prophylactics.    U. S. v. 45 Gross    *    *    *.
(F. D. C. No. 25674.    Sample No. 45622-K.)
LIBEL FILED :   September 28,1948, Eastern District of Missouri.
ALLEGED SHIPMENT :   On or about August 25, 1948, by the World Merchandise
Exchange & Trading Co., Inc., from New York, NY.
PRODUCT :   45 gross of prophylactics at St. Louis, Mo.   Examination of samples
showed that 7.4 percent were defective in that they contained holes.
LABEL, IN PART : "Tetratex Manufactured By L. E. Shunk Latex Prod. Inc.,
Akron, Ohio."
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," "Prophyl-
actics * * * has been electronically tested and hermetically sealed in
metal for your protection," and "Electronically Tested * * * hermetically
sealed in individual metal containers for your protection" were false and
misleading as applied to an article containing holes.
DISPOSITION : October 22, 1948. Default decree of condemnation and destruc-
tion.