3091. Adulteration and misbranding of prophylactics.   U. S. v. 120 Gross  *   *  *.
(F. D. C. No. 28912.    Sample No. 54766-K.)
LIBEL FILED :   March 21,1950, Eastern District of Louisiana.
ALLEGED SHIPMENT: On or about February 28, 1950, by the William Nesbit
Co., from Pittsburgh, Pa.
PRODUCT: 120 gross of prophylactics at New Orleans, La. Examination of
samples showed that 3.3 percent were defective in that they contained holes.
LABEL, IN PART : "Xcello's Prophylactics Mfd. By the Killian Mfg. Co. 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 "Prophylactics" and
"Sold For Prevention of Disease Only" were false and misleading as applied to
an article containing holes.
DISPOSITION : April 19, 1950.   Default decree of condemnation and destruction.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS
DRUGS FOR HUMAN USE*