48. Adulteration   and   misbranding'   of   prophylactics.    TJ.   S.   v.   50   Gross   of
Prophylactics (and 4 other seizure actions against prophylactics). De-
fault decrees of condemnation and destruction. (F. D. C. Nos. 563, 716, 718,
734, 992. Sample Nos. 52499-D, 52500-D, 63900-D, 67870-D, 76841-D, 76843-D,
78908-D.)
Between September 8 and November 15, 1939, the United States attorneys
for the Southern District of New York, District of Maryland, Western District
of Pennsylvania, and Western District of Tennessee filed libels against the
following lots of prophylactics: 50 gross at New York, N. Y., 440 gross at
Baltimore, Md., 79 gross at Pittsburgh, Pa., and 83 gross at Memphis, Tenn.i
alleging that the article had been shipped in interstate commerce within the
period from on or about August 23 to on or about October 21, 1939, by Tecla
Chemical Corporation from Newark, N. J.; and charging that it was adulterated
and that a portion was also misbranded. Certain lots were labeled in part:
"Made from Liquid Latex Distributed by Ace Rubber Co. [or "Balto. Rubber
Co. Balto., Md." or "Gotham Rubber Co., Chicago, 111."]." The remaining lots
were labeled in part: "Saf-T-Way Prophylactics" or "Tally-Ho."
The article was alleged to be adulterated in that its quality fell below that
which it purported or was represented to possess.
The product labeled "Saf-T-Way" was alleged to be misbranded in that
representations in the labeling that it was a safe prophylactic and was air-blown
tested were false and misleading.
Between September 26 and December 12, 1939, no claimant having appeared,
Judgments of condemnation were entered and the product was ordered destroyed.