275. Adulteration and misbranding of prophylactics.    U. S. v. 22% Gross and 19
Gross of Prophylactics.   Default decrees of condemnation and destruction.
(F. D. C. Nos. 1574, 2000.    Sample Nos. 66554-D, 1968-E.)
On or about March 7 and May 22, 1940, the United States attorneys for the
Western District of Missouri and the Eastern District of Virginia filed libels
against 22? gross of prophylactics at Kansas City, Mo., and 19 gross of prophy-
lactics at Richmond, Va., alleging that the article had been shipped in inter-
state commerce on or about January 22 and March 20, 1940, by the World
Merchandise Exchange from New York, N. Y.; and charging that it was
adulterated and that one lot was also misbranded. One lot was labeled in
part: "Nutex Skins * * * Nutex Co., Philadelphia, Pa." The other lot was
labeled "Silver Bond."
Adulteration of both lots was alleged in that the quality of the article fell
below that which it was purported or was represented as possessing.
The lot designated "Nutex" was alleged to be misbranded in that its labeling
bore representations that it was absolutely perfect, would afford protection,
and would be efficacious for the prevention of disease, which were false and
misleading.
On June 25 and 28, 1940, no claimant having appeared, judgments of con-
demnation were entered and the product was ordered destroyed.