268. Adulteration and misbranding of prophylactics.    TT. S. v. 147 Gross and 62
Gross of Prophylactics.    Default decree of condemnation and destruction.
(F. D. C. No. 1180.    Sample Nos. 62608-D, 62609-D.)
On or about December 13, 1939, the United States attorney for the Southern
District of Texas filed a libel against 209 gross of prophylactics at Houston,
Tex., alleging that the article had been shipped in interstate commerce on or
about October 12, 1939, by Philray Merchandise Corporation from New York,
N. Y.; and charging that it was adulterated and that one lot was also mis-
branded. The article was labeled in part: "De Luxe Silver Ray"; or "Silver
Bond."
It was alleged to be adulterated in that its quality fell below that which
it purported or was represented to possess.
The De Luxe Silver Ray brand was alleged to be misbranded in that the
representations in the labeling that the article was guaranteed for 5 years,'
was a disease preventative, and was for medical purposes only, were false
and misleading.
On January 11, 1940, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.