29280. Adulteration and misbranding of rubber prophylactics.    THE. S. v. 5 Gross
of Rubber Prophylactics. Default decree of condemnation and destruc- 
tion.    (F. & D. No. 42394.   Sample No. 4205-D.)
Samples of this product were found to be defective in that they contained 
holes.
On May 17, 1938, the United States attorney for the Southern District of 
Indiana, acting upon a report "by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 5 gross of rubber 
prophylactics at New Albany, Ind.; alleging that the article had been shipped 
in interstate commerce on or about March 9, 1938, by Fletcher Chemical Co., 
from Cincinnati, Ohio; and charging adulteration and misbranding in violation 
of the Food and Drugs Act.
The article 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, "Guaranteed * * * For 
Prevention of Disease * * * Triple Tested Free from Holes Guaranteed 
Five Years * * * Do not risk buying cheap prophylactics of no protection 
from unreliable sources," in the labeling were false and misleading.
On July 25, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.