6430. Rubber prophylactics.   (F.D.C. No. 44849.   S. No. 2-964 R.)
QUANTITT :   250 ctns., each containing 48   3-unit plastic vials, at Durham, N.C,
in possession of Barnett Coin Machine & Distributing Co.
SHIPPED :   1-16-60, from Akron, Ohio.
LABEL IN PART:     (Vial) "Triple'A'Brand   Nipple End   Prophylactics."
RESULTS OF INVESTIGATION :   The article was repacked into vials from bulk lots
and labeled as described, by the Barnett Coin Machine & Distributing Co.
Examination revealed that 3 out of 126 of the articles were defective in that
they contained holes.
LIBELED :    8-9-60, M. Dist. N.C.
CHARGE: 501(C)-while held for sale, the quality of the article fell below
that which it purported to possess; and 502(a)-the label statement "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.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS*