Title: Dean Rubber Manufacturing Company v. United States of America.

POPLINE Document Number: 660393

Corporate Author(s):

U.S. Court of Appeals, Eight Circuit

Source citation:

356 Federal Reporter, Second Series, 1966;17855:161-168.

Abstract:

The Dean Rubber Manufacturing Company was prosecuted for interstate shipment of adulterated and misbranded prophylactics. The Judge of the US District Court for the Western District of Missouri, Floyd R. Gibson, Jr., entered a judgement of conviction on the adulteration charges but of acquittal on the misbranding. The company appealed. The Court of Appeals, Mehaffy, Circuit Judge, upheld the conviction. The court held that the manufacturer's claim that its prophylactics were an aid in the prevention of venereal disease was a claim of "quality" within the meaning of the statutory provision defining an adulterated device as one whose quality falls far short of the quality it is represented to possess. In the 5 shipments tested, from 1.04% to 2.54% were found to contain holes, thus failing to meet government specifications and violating the federal Food, Drug, and Cosmetic Act by having a lower quality than that professed through written expression and inherent meaning.(AUTHOR'S, MODIFIED)

Keywords:

United States
Condom
Industry
Laws and Statutes
Government Publication
Standards
Developed Countries
North America
Americas
Barrier Methods
Contraceptive Methods
Contraception
Family Planning
Macroeconomic Factors
Economic Factors
Research Methodology