'2633. Adulteration and misbranding of prophylactics.  U. S. v. 20 Gross   *   *   *.
(F. D. C. No. 25670.   Sample No. 28596-K.)
LIBEL FILED :    October 12,1948, District of Colorado.
ALLEGED SHIPMENT : On or about September 1, 1948, by the Dean Rubber Mfg.
Co., from North Kansas City, Mo.
PRODUCT : 20 gross of prophylactics at Denver, Colo. Examination of samples
showed that 2.3 percent were defective in that they contained holes. Circulars
entitled "Protect Your Health" were inclosed with the product.
LABEL, IN PART :    "Dean's Peacocks Reservoir Ends."
NATURE OF CHARGE: Adulteration, Section 501 (c), the quality of the article
fell below that which it purported or was represented to possess.
Misbranding, Section 502 (a), the following statements were false and mis-
leading as applied to an article containing holes: (Circular) "Protect your
health When a customer purchases a prophylactic, he certainly is buying
what he thinks will gjve him complete protection-and rightly so. It seems
to us the best guide for a customer to follow to protect his confidence is to
purchase a well known tried and proven brand. Peacocks are manufactured
and carefully tested on the most modern up-to-date equipment known to the
industry-carrying a guarantee backed by a company who for twenty years
has safeguarded its customers' health through constant vigilance over its
products-popularizing the Reservoir End Peacock-a great Health feature.
Demand the original Peacock Reservoir End Prophylactic from your drug-
gist" and (3-unit tin) " * * * for your protection * * * An aid in
preventing venereal disease."
DISPOSITION : November 23, 1948. Default decree of condemnation and de-
struction.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF
FALSE AND MISLEADING CLAIMS
DRUGS FOR HUMAN USE*