1927. Adulteration  and  misbranding of prophylactics.     U.  S.  v.  44  Gross   of
Prophylactics.   Default decree of condemnation and destruction.    (F. D.
C. No. 20076.   Sample No. 35735-H.)
LIBEL FILED : June 6, 1946, Eastern District of Missouri; amended libel filed
on or about Jane 10, 1946.
ALLEGED SHIPMENT: On or about April 10, 1946, by the World Merchandise
Exchange, from New York, N. Y.
PRODUCT : 44 gross of prophylactics at St. Louis, Mo. Examination of 96 samples
showed that 7.3 percent were defective in that they contained holes.
LABEL, IN PABT :    "Smithies Prophylactics."
NATURE OF CHARGE: Adulteration, Section 501 (c), the quality of the article fell
below that which it purported and was represented to possess.
Misbranding, Section 502 (a), the label statement "Prophylactics" was false
and misleading as applied to the article, which contained holes.
DISPOSITION: July 8, 1946. No claimant having appeared, judgment of con-
demnation was entered and the product was ordered destroyed.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS*
DRUGS FOR HUMAN USE**