418. Adulteration and misbranding- of prophylactics.    IT.  S. v.  10%   Gross, 9%
Gross, and 14 Gross of Prophylactics. Decrees of condemnation and de-
struction. (F. D. C. Nos. 3508, 3578. Sample Nos. 16578-E, 16579-E, 19323-E,
19333-E.)
On December 13 and 23, 1940, the United States attorneys for the District of
Nebraska and the Western District of Pennsylvania filed libels against 19-
gross of prophylactics at Omaha, Nebr., and 14 gross at Pittsburgh, Pa., alleging
that the article had been shipped in interstate commerce on or about November
27, 1940, by the Dean Rubber Manufacturing Co. from North Kansas City, Mo.;
and charging that it was adulterated and misbranded. The article was labeled in
part: "Sekurity" or "Sentinel."
It was alleged to be adulterated in that its quality fell below that which it
purported or was represented to possess.
The article was alleged to be misbranded in that the following statements
apearing in the labeling were false and misleading: (Sekurity brand, envelope)
"Sekurity * * * Tested and Guaranteed for 2 years * * * For Use As
An Aid In Preventing Venereal Diseases," (tin) "Sekurity * * * Prophy-
lactics Sekuritys are guaranteed air blown tested. * * * An aid in preventing
venereal diseases," and (stamped on article) "Air Blown Tested Sekurity";
and (Sentinel brand, tin) "Prophylactics Every Sentinel air blown tested under
new testing process Finest quality * * * Beware of social diseases, be
protected," (stamped on article) "Air Blown-Tested," and (circular) "Air-Blown
tested * * * carefully selected and inspected Sentinel prophylactics are
individually air-tested, and secure maximum protection. Unconditionally guar-
anteed. 'When you Ask For Sentinel You get the Best' * * * For the
Prevention of Disease."
On January 16, 1941, no claimant having appeared for the product seized at
Pittsburgh, and on March 6, 1941, the claimant for the product seized at Omaha
having consented to the entry of a decree, judgments of condemnation were
entered and the produet was ordered destroyed.