Important note: Information in this article was accurate in 1991. The state of the art may have changed since the publication date.
Associated Press; Wednesday, August 21, 1991
The reason, the California man said in a federal lawsuit filed yesterday, is that he used lambskin condoms, about which the Food and Drug Administration had failed to warn consumers, although it sent letters to the manufacturers that the natural prophylactics are not considered adequate in preventing the spread of sexually transmitted diseases.
Named in the lawsuit is Schmid Laboratories Inc., the maker of "Fourex Natural Skins" lambskin condoms. Nissley said he used the brand in 1986 and 1987.
"I didn't even realize there was a difference at the time," he said. "To me, a condom was a condom. All we were told was to use a condom -- nobody ever said anything about latex or lambskin."
Nissley, 38, of Santa Barbara, was found to be HIV-positive in November.
He contracted AIDS-related pneumonia 10 days later and is angry that the government did not warn lambskin users earlier about the danger.
He said he filed the lawsuit in Newark because Schmid was formerly headquartered in northern New Jersey.
"It's too late for me, but there's tens of thousands or hundreds of thousands of people who used these things who should know to be tested," he said.
WHEN IT WAS WIDELY PUBLICIZED
Public warnings about the lambskin condoms became widely publicized only last month when the U.S. attorney's office, acting on behalf of the FDA, seized thousands of Trojan brand lambskin condoms, made by Carter-Wallace Inc.
But the FDA had published studies in medical journals as early as 1989 stating that laboratory tests had shown lambskin condoms were inferior to latex condoms in preventing passage of sexually transmitted diseases.
The national Centers for Disease Control reported at about the same time that its laboratory tests showed that lambskin condoms did not prevent passage of human immunodeficiency virus, the virus that causes acquired immune deficiency syndrome.
Latex condoms prevent diseases because their pores are smaller than those in lambskin condoms, according to the FDA.
WARNINGS ON PACKAGE
The FDA said last month that Fourex condoms were not seized because the packaging had adequate warnings.
Inside the box is a statement: "Fourex Natural Skin condoms are recommended only for the prevention of pregnancy. Clinical evidence to support its use for the prevention of every sexually transmitted disease is not currently available."
Nissley said that statement was only recently added to the packaging.
Officials at Schmid, of Sarasota, Fla., did not return telephone messages for comment.
Susan Cruzan, a spokeswoman for the FDA, said Schmid and Carter-Wallace were asked two years ago to put warning labels on the condom packaging.
Copyright 1991/The Associated Press. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the Permissions Desk, The Associated Press, 50 Rockefeller Plaza, New York, NY 10020.
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Copyright © 1991 - Associated Press. Reproduction of this article (other than one copy for personal reference) must be cleared through the AP Permissions Desk.
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