2321. Adulteration and misbranding- of prophylactics. U. S. v. Allied Latex
Corporation. Plea of guilty. Fine, $5,400. (F. D. C. No. 5579. Sample
Nos. 5557-E, 5558-E, 19662-E, 27493-E, 27494-E, 36368-E, 39501-E, 39985-E,
42958-E, 48610-E, 48611-E. 48613-E, 48615-E, 48616-E, 48618-E to 48621-E,
incl., 50139-E, 51583-E, 51587-E, 51993-E, 51994-E, 54206-E, 54207-E, 62569-E,
74123-E, 74781-E.)
INFORMATION FTT,ET> : February 26, 1942, District of New Jersey, against the
Allied Latex Corporation, East Newark, N. J.
ALLEGED SHIPMENT: Between the approximate dates of October 12, 1940, and
September 23, 1941, from the State of New Jersey into the States of Georgia,
Maryland, Massachusetts, Missouri, New York, Ohio, Pennsylvania, and
Rhode Island.
LABEL, IN PART: "Smithies [or "Gems," "Thin-Tex," or "Seal-Test"] Prophylac-
tics," "Liquid Latex," or "Dr. Robinson #333 Disease Preventative * * *
Wilson-Robinson Co.   Incorporated   Boston, Mass."
NATURE OF CHARGE: Adulteration, Section 501 (c), the strength of the article
differed from, and its quality fell below, that which it purported and was
represented to possess. (Samples of the article were found to be defective
because of the presence of perforations or holes.)
Misbranding, Section 502 (a), certain statements on the labels and on the
article, which represented and suggested that the article was a prophylactic
for protection against disease in man and would be efficacious in the preven-
tion of disease in man, were false and misleading.
DISPOSITION : May 14, 1943, a plea of guilty having been entered, the defendant
was fined $5,400.