| 1. Title: Dean Rubber Manufacturing Company v. United States of America. Author: U.S. Court of Appeals, Eight Circuit Source: 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) Language: English 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 Document Number: 660393 |
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