28729. Adulteration and misbranding of rubber prophylactics.     U.  S.  v.  27%
Gross of Rubber Prophylactics. Default decree of condemnation and 
destruction.    (F. & D. No. 42026.   Sample No. 24925-D.)
Examination of samples of these prophylactics showed that some of them were 
defective in that they contained holes.
On or about March 24,1988, the United States attorney for the Eastern District 
of South Carolina, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 271/£ gross of 
rubber prophylactics at Columbia, S. C, alleging that the article had been shipped 
in interstate commerce on or about February 5, 1938, from New York, N. Y., by 
Gotham Sales Co., and charging adulteration and misbranding in violation of the 
Food and Drugs Act.   The article was labeled in part: "Saf-T-Skin."
It was alleged to be adulterated in that its strength fell below the professed 
standard or quality under which it was sold.
Misbranding was alleged in that the statements borne on the label, "Skin 
*    *    *   To prevent disease," were false and misleading.
On April 16,1938, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
W. R. GREGG, Acting Secretary of Agriculture.