3276. Adulteration and misbranding of prophylactics.   U. S. v. 2,592  Boxes
*    *    *.    (F. D. C. No. 29892.   Sample No. 89844-K.)
LIBEL FILED : September 22,1950, District of Nebraska.
ALLEGED SHIPMENT : On or about September 2, 1950, by the Dean Rubber Mfg.
Co., from North Kansas City, Mo.
PRODUCT : 2,592 boxes of prophylactics at Omaha, Nebr. Examination of sam-
ples showed that 3.7 percent were defective in that they contained holes.
LABEL, IN PART :   "12  Deans  Peacocks   Reservoir   Ends."
NATURE OF CHARGE: Adulteration, Section 501 (c), the quality of the article
fell below that which it purported or was represented to possess.
Misbranding, Section 502 (a), the label statements "An Aid in Preventing
Venereal Disease * * * For Your Protection" were false and misleading
as applied to an article containing holes.
DISPOSITION: October 19, 1950. Default decree of condemnation and
destruction.
DRUGS ACTIONABLE BECAUSE OF FALSE AND MISLEADING CLAIMS*