1433. Adulteration  and  misbranding  of  prophylactics.    U.   S.  v.   12  Gross   of
Prophylactics.    Default decree of condemnation and destruction.    (F. D.
C. No. 12901.    Sample No. 78161-F.)
On July 8, 1944, the United States attorney for the Eastern District of
Pennsylvania filed a libel against 12 gross of prophylactics at Philadelphia,
Pa., alleging that the article had been shipped on or about January 4, 1944,
from New York, N. Y., by the Goodwear Rubber Co., Inc. The article was
labeled in part: "Kaps   *   *   *   Cap Type Rubber Glans Sheaths."
Examination of samples disclosed that the article was defective in that
it contained holes.
The article was alleged to be adulterated in that its quality fell below that
which it purported and was represented to possess.
The article was alleged to be misbranded in that the labeling statements
quoted below were false and misleading as applied to an article that con-
tained defects such as holes: (Cartons) "Each One of These Kaps Has Been
Filled To At Least Ten Times Its Normal Capacity With Water Under
Pressure; Then Squeezed and Kneaded In An Effort To Make a Hole Appear-
Even where Only A Weak Spot May Have Existed Before. Insist On Water-
Tested Merchandise"; and (printed slip enclosed in small carton) "Notice: The
Enclosed Sheath Has Been, 'Water Tested' By Expanding Under Water Pressure
To At Least Ten Times Its Normal Capacity-Then Examining Closely For
Any Detectable Leak."
The article was alleged to be misbranded further in that the statement in
its labeling, "Cap Type Rubber Glans Sheaths," was misleading since it failed
to reveal the material fact that even those units which were not defective
could not be depended on to protect against all types of venereal disease.
On August 2, 1944, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.