2329. Adulteration and misbranding of prophylactics.   V. S. v. 38 Gross   *    *    *.
(F. D. C. No. 24637.   Sample No. 18962-K.)
LIBEL FILED :   May 14,1948, Southern District of Ohio.
ALLEGED SHIPMENT:   On or about February 9, 1948, by the Latex Distributing
Co., from Chicago, 111.
PRODUCT:   38 gross of rubber prophylactics at Cincinnati, Ohio.   Examination
of samples showed that 3.4 percent were defective in that they contained holes.
LABEL, IN PAST:   "Tetratex Prophylactic Mfd.   By L. B. Shunk Latex Prod.
Inc.   Akron, Ohio."
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 statements "Prophylactic," "Prophy-
lactics," and "Germ Proof" were false and misleading as applied to an article
containing holes.
DISPOSITION :   June 18, 1948.   Default decree of condemnation and destruction.
807126-49?3
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FALSE AND
MISLEADING CLAIMS*
DRUGS FOR HUMAN USE