6879. Rubber prophylactics.   (F.D.C. No. 46763.   S. Nos. 19-772/3 T.) 
QUANTITY :   110 cartons, each containing 144 prophylactics in pkgs. of 2 each, at
Dallas, Tex. 
SHIPPED :    10-30-61, from Kansas City, Mo., by M&M Rubber Co. 
LABET.   IN   PART:    (Pkg.)    "Spartans   Prophylactics   Package   of   Two   M&M
Rubber Co., K.C. 8, Mo.    Sold For The Prevention of Disease Only." and
(pkg.), "Tops Prophylactics   Package of Two * * * M&M Rubber Co., Kansas
City 8, Mo."
RESULTS OF INVESTIGATION :   Examination showed that 3, or 2.0 percent of 
149 prophylactics  (Spartans), and 4, or 1.78 percent of 224 prophylactics 
(Tops), were defective in that they contained holes. 
LIBELED :   Between 11-29-61 and 1-18-62, N. Dist. Tex.
CHARGE : 501 (c)-when shipped, the quality of the article fell below that which 
it was purported to possess; and 502(a)-the label statements (Spartans) 
"Sold For The Prevention of Disease Only" and (Tops) "Prophylactics" were 
false and misleading as applied to articles containing holes.
DISPOSITION :   1-18-62.   Default-destruction.