132. Adulteration   and   misbranding:   of   prophylactics.      U.   S.   v.   164   Gross
of   Prophylactics.      Default   decree   of   condemnation   and   destruction.
(F. D. C. No. 1333.    Sample No. 70142-D.)
On January 10, 1940, the United States attorney for the Eastern District of
Philadelphia filed a libel against 154 gross of prophylactics at Philadelphia,
Pa., alleging that the article had been shipped in interstate commerce on or
about September 21, 1939, by the Ace Sales Co. from Baltimore, Md.; and
charging that it was adulterated and misbranded. It was labeled in part
"Shur-Tex."
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 the representation in the labeling
that it was a prophylactic was false and misleading.
On February 3, 1940, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.