131. Adulteration and misbranding of prophylactics.    17. S. v. 69 Gross and 11
Gross  of  Prophylactics.    Default decree  of  condemnation  and  destruc-
tion.     (F. D. C. No. 1247.    Sample Nos.  62617-D, 62618-D,  62619-D.)
On December 27, 1939, the United States attorney for the Southern District
of Texas filed a libel against 80 gross of prophylactics at Houston, Tex.,
alleging that the article had been shipped in interstate commerce on or about
November 29 and December 7, 1939, by the Akron Drug & Sundries Co. from
Akron, Ohio; and charging that it was adulterated and misbranded. It was
labeled in part: "Derbies" or "Apris."
It was alleged to be adulterated in that its quality fell below that which it
purported or was represented to possess.
It was alleged to be misbranded in that representations in the labeling of
the Apris brand that it was a prophylactic; and those in the labeling of the
Derbies brand that it was effective for prevention of disease, that its quality
was guaranteed and that it consisted of a carefully selected prophylactic, and
was guaranteed against deterioration for 2 years, were false and misleading.
On January 31, 1940, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.