29046. Adulteration  and misbranding of  prophylactics.     U.   S.  v.  20   Gross  of
Prophylactics (and three similar seizure actions). Default decrees of 
condemnation and destruction. (F. & D. Nos. 41687, 42336, 42368, 42369. 
Sample Nos. 10105-D, 25482-D, 25483-D, 27401-D.)
Examination of samples of this product showed that some of them were 
'defective in that they contained holes.
On February 12 and May 10 and 13, 1938, three United States attorneys, 
-acting upon reports by the Secretary of Agriculture, filed in their respective 
•district courts libels praying seizure and condemnation of 27% gross of rubber
and animal membrane prophylactics in various lots at Miami, Fla.; Denver,. 
Colo.; and New York, N. Y.; alleging that the articles had been shipped in. 
interstate commerce on January 29, March 1, and May 2, 1938, from Atlanta, 
Ga., by the Olympia Laboratory; and charging adulteration and misbranding in 
violation of the Food and Drugs Act. The articles were labeled in part vari- 
ously : "Excello's," "Pickaniny," or "Amazons."
They were alleged to be adulterated in that their strength fell below the 
professed standard or quality under which they were sold.
Misbranding was alleged in that the following statements variously appear- 
ing in the labeling of the several lots were false and misleading:   (Excello's) 
"Tb-jjMperfected  latex     *    *    *    For   Prevention   of  Disease";   (Pickaniny) 
KBJpJest Grade   *   *    *   Highest Quality.   The merchandise which you will 
f fluids package is made of the very best material.    *    *    *    Air tested' 
8$$ Har)anteed 100% perfect   *    *    *    For the prevention of contagious dis- 
ease [iii(Amazons) "Air Tested 100% Perfect   *    *    *   Choicest grade   *   *   * 
Hi for i1! (Quality   *    *    *   the prevention of contagious diseases   *    *    *   made- 
oi  \V Fiery best material."
0     ufem|27' and June 7 and 11> 1&38, no claimant having appeared, judg- 
e    jOirDT condemnation were entered and the product was ordered destroyed. 
'A  ' 
M. L. WILSON, Acting Secretary of Agriculture.