259. Adulteration   and   misbranding   of   prophylactics.     IT.   S.   v.   89   Gross   and
18% Gross of Prophylactics. Default decrees of condemnation and de-
struction.    (F. D. C. Nos. 1875, 1927.    Sample Nos. 10198-B, 10200-B.)
On April 25 and May 7, 1940, the United States attorney for the District of
New Jersey filed libels against 107? gross of prophylactics at Newark, N. J.,
alleging that the article had been shipped in interstate commerce within the
period from on or about February 29 to on or about March 6, 1940, by Joseph
Jacobs from New York, N. Y.; and charging that it was adulterated and mis-
branded.   The article was labeled in part "Pure Tex."
It was alleged to be adulterated in that its quality fell below that which
it was purported or was represented as possessing.
It was alleged to be misbranded in that the representations in the labeling
that it was a prophylactic, was for use in the prevention of disease, and was
of an excellent quality, were false and misleading.
On June 19, 1940, no claimant having appeared, judgments of condemnation
were entered and the article was ordered destroyed.