1481. Adulteration   and   misbranding  of  prophylactics.     U.   S.  v.  38   Gross  of
Prophylactics.   Default decree of condemnation and destruction.   (F. D. C.
No. 13427.    Sample No. S0284-F.)
On August 25,1944, the United States attorney for the Eastern District of Mis-
souri filed a libel against 38 gross of prophylactics at St. Louis, Mo., alleging that
the article had been shipped on or about August 3, 1944, from Indianapolis, Ind.,
by Donald Beaumont.   The article was labeled in part: "deluxe Silver Ray."
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. It was alleged to be mis-
branded (1) in that the label statements, "Sold For Prevention of Diseases Only
Triple Air Tested Guaranteed Five Years" and "deluxe Guaranteed 5 Years
Disease Preventative," were false and misleading as applied to an article which
contained holes; and (2) in that it was in package form and failed to bear a
label containing the name and place of business of the manufacturer, packer, or
distributor.
On September 18,1944, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING  CLAIMS*
DRUGS AND DEVICES FOR HUMAN USE