29283. Adulteration and misbranding of rubber prophylactics.    17. S. v. 32 Gross
of Rubber Prophylactics (and 3 similar seizure actions). Default 
decrees of condemnation and destruction. (F. & D. Nos. 41723, 42155, 
42261, 42363. Sample Nos. 7666-D, 10919-D, 17401-D, 17402-D, 17404-D. 
17405-D, 19384-D.)
Samples of these prophylactics were found to be defective in that they con- 
tained holes.
On various dates between February 19 and May 11, 1938, four United States 
attorneys, acting upon reports by the Secretary of Agriculture, filed in their 
respective district courts libels praying seizure and condemnation of 220% 
gross of rubber prophylactics in various lots at Troy, N. Y., Richmond, Va., 
Louisville, Ky., and Minneapolis, Minn.; alleging that the article had been 
shipped in interstate commerce on various dates between December 2, 1937, and 
March 18, 1938, from Atlanta, Ga., by W. H. Reed & Co.; and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act. The article was 
labeled in part variously: "Texide * * * L. E. Shunk Latex Products, Inc. 
Akron, Ohio" ; "Majestic"; "Pan"; "Golden Pheasant"; "Red Pak."
The article was alleged to be adulterated in that its strength fell below the 
standard or quality under which it was sold.
Misbranding was alleged in that the following statements in the labeling were 
false and misleading: (Texide) "Prophylactics   *   *   *   Guaranteed Five Years
* * * Against Deterioration Under Normal Conditions * * * For the Pre- 
vention of Disease";   (Majestic)   "For the Prevention of Contagious Diseases
* *    *    Highest Quality of Prophylactics    *    *    *    Guaranteed Five Years
* *    *   For Prevention of Disease"; (Pan) "Tested   *   *    *   Finest Quality 
*    *    *    For Prevention of Disease    *    *    *    Guaranteed Perfect    *    *    *
Carefully tested * * * 100% Perfect * * Guaranteed Merchandise"; 
(Golden Pheasant) " * * * finest prophylactics * * * for the Prevention 
of Disease * * * Guaranteed 5 Years" ; (Red Pak) "For Prevention of Dis- 
ease   *   *   *   Guaranteed For Five Years."
On various dates between April 7 and July 22, 1938, no claimant having ap- 
peared, judgments of condemnation were entered and the product was ordered 
destroyed.
M. L. WILSON, Acting Secretary of Agriculture.