6429. Rubber prophylactics.    (F.D.C. No. 44865.    S. Nos. 45-469/70 R.)
QUANTITT: 253 gross, in bulk in polyethylene bags, within cardboard boxes,
and 900 gross, packed in 36 25-gross ctns., each containing 72 2-unit pkgs.,
at Durham, N.C., in possession of Barnett Coin Machine & Distributing Co.
SHIPPED :   6-30-60, from Akron, Ohio.
LABEL IN PART: (Box) "T-S-R 50 Gr. OP UN 2-24-6 O-N-E L/26" and
(2-unit pkg.) "Safe-Tex * * * Prophylactics."
RESULTS OF INVESTIGATION : Investigation revealed that the dealer had repacked
and relabeled the 2-unit packages from the bulk lot described above. Exam-
ination of both lots showed that 1.1 percent of the units examined were
defective in that they contained holes.
LIBELED :   8-22-60, M. Dist. N.C.
CHARGE: 501(c)-while held for sale, the quality of the article fell below that
which it purported to possess; 502(a)-the label statement "Sold and Intended
to be Used as a Preventive of Disease" was false and misleading as applied
to a product which contained holes.
DISPOSITION :   9-23-60.   Default-destruction.