2629. Adulteration and misbranding of prophylactics.   U. S. v. 3,600 Gross
* *    *.    (F. D. C. No. 25275.   Sample No. 23404-K.)
LIBEL FILED :   August 13,1948, Southern District of Texas.
ALLEGED SHIPMENT : On or about March 18,1948, by the Killashun Sales Division,
Inc., from Akron, Ohio.
PRODUCT :   3,600 gross of prophylactics at Houston, Tex.   Examination of samples
showed that 9.6 percent were defective in that they contained holes.
LABEL, IN PAET :   "Xcello's Prophylactics   Mfd. by The Killian Mfg. Company,
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 statement "Prophylactics" was false
and misleading as applied to an article containing holes.
DISPOSITION :    February   8,    1949.     Default    decree    of    condemnation   and
destruction.