414. Adulteration and misbranding of prophylactics.    TJ. S. v. 983 Gross of Pro
phylactics (and 6 other seizure actions against prophylactics). Default
decrees of condemnation and destruction. (F. D. C. Nos. 1314, 1315, 2430,
3160. 3624. 3645, 3671, 3676. Sample Nos. 61197-D. 61198-D, 3192-E, 10727-E.
16943-E. 19248-E, 31937-E, 31939-E, 31949-E, 31950-E, 31951-E.)
Between January 10, 1940, and January 20, 1941, the United States attorneys
for the Northern District of Texas, Western District of Pennsylvania, Southern
District of New York, Northern District of Illinois, and Western District of
Missouri filed libels against 983 gross of prophylactics at Dallas, Tex., 11^ gross
at Pittsburgh, Pa., 48 gross at New York, N. Y., 1,595 gross at Chicago, 111., and
143 gross at Kansas City, Mo., alleging that the article had been shipped in
interstate commerce by the Killashun Sales Division from Akron, Ohio, within
the period from on or about March 11, 1939, to on or about December 4, 1940;
and charging that it was adulterated and misbranded. The article was labeled
in part variously: "Genuine LES Liquid Latex"; "Pickaniny Brand Supreme
Goldbeaters * * * Olympia Lab. Atlanta, Ga."; "Diana Special * * *
Distributed by Boland Laboratories,   *   *   *   New York City"; "Killian Mfg.
Co. Akron, Ohio"; "Tetratex"; "X-cello's"; "Genuine Texide"; "Silver-Tex";
"Apris"; and "Texide."
The "Genuine LES Liquid Latex" was alleged to be adulterated in that its
strength fell below the professed standard or quality under which it was sold.
The remaining products were alleged to be adulterated in that their quality fell
below that which they purported or were represented to possess.
Misbranding was alleged in that the following statements in the labeling were
false and misleading: (Genuine LES Liquid Latex) "For the prevention of
disease .* * * prophylactic * * * Guaranteed five years"; (Pickaniny
brand) "Supreme * * * Pickaniny Brand Goldbeaters are made from choice
materials and represent a high quality of Goldbeaters * * * for prevention of
disease"; (Diana Special) "Special Quality"; (Tetratex) "Prophylactics * * *
for prevention of venereal disease"; and (Texide) "For prevention of disease";
.(X-cello's, Silver-Tex, and Apris) "Prophylactic."
Between February 23, 1940, and March 14, 1941, no claimant having appeared,
judgments of condemnation were entered and the product was ordered destroyed.