2326. Adulteration and misbranding of prophylactics.   U. S. v. 311 Gross   *   *   *.
(F. D. C. No. 24628.   Sample No. 30329-K.)
LIBEL FIXED :   May 11,1948, Southern District of California.
ALLEGED SHIPMENT :   On or about April 5,1948, by the Rexall Drug Co., from St.
Louis, Mo.
PRODUCT :   311 gross of rubber prophylactics at Vernon, Calif.   Examination of
samples showed that 2.4 percent were defective in that they contained holes.
LABEL, IN PART :    "Roger (O.K.) Prophylactic   Manufactured by Roger Rubber
Products Inc., Los Angeles, Calif."
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 "Prophylactic" was false
and misleading as applied to an article containing holes.
DISPOSITION :   June 15, 1948.   Default decree of condemnation and destruction.