2659. Adulteration and misbranding of prophylactics.   U. S. v. 5 Gross   *   *   *.
(F. D. C. No. 26120.   Sample No. 3876-K.)
LIBEL FILED :   December 7, 1948, District of Columbia.
ALLEGED SHIPMENT: On or about September 16, 1948, by the Blue Ribbon Co.,
from Baltimore, Md.
PRODUCT: 5 gross of prophylactics at Washington, D. C. The product was
packed in 3-unit tins, 4 tins to the package and 12 packages to the carton.
Examination of samples showed that 2.45 percent were defective in that they
contained holes.
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 ?'**** tested by
air * * * for prevention of disease * * *" were false and misleading
as applied to an article containing holes; and, Section 502 (b) (2), the article
failed to bear a label containing an accurate statement of the quantity of the
contents since the three-units tins and the package containing 4 tins of the
article bore no statement of the quantity of the contents, and the statement
on the gross-carton "One-Dozen" was inaccurate since the carton contained one
gross.
DISPOSITION :   April 6, 1949.   Default decree of condemnation and destruction.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF
FALSE AND MISLEADING CLAIMS*
DRUGS FOR HUMAN USE