28745. Adulteration and misbranding of rubber prophylactics.    U. S. v. 86 Gross,
20% Gross, and 43% Gross of Rubber Prophylactics. Default decrees 
of condemnation and destruction. (F. & D. Nos. 41600, 42025. Sample 
Nos. 1089-D, 24928-D, 24929-D.)
Examination of samples of these prophylactics showed that some of them 
were defective in that they contained holes.
On or about February 4 and March 24, 1938, the United States attorneys for 
the Western District of Pennsylvania and the Eastern District of South Caro- 
lina, acting upon reports by the Secretary of Agriculture, filed in their respec- 
tive district courts libels praying seizure and condemnation of 36 gross of 
rubber prophylactics at Pittsburgh, Pa., and 64 gross of the product at Columbia,
S. C, alleging that the article had been shipped in interstate commerce on or 
about September 17, 1937, and February 5, 1938, from Atlanta, Ga., by W. H. 
Reed & Co., Inc., and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part variously: "Master 
Pak"; "Three Flyers"; or "Nu-Pak."
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, (on all brands) "For the 
Prevention of Disease" and (Master Pak) "Guaranteed for 5 years," borne on 
the labels, were false and misleading.
On March 31 and April 16, 1938, no claimant having appeared, judgments of 
condemnation were entered and the product was ordered destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.