29291. Adulteration and misbranding of prophylactics.   U. S. v. 16 Dozen Prophy¬
lactics (and nine similar seizure actions). Default decrees of con- 
demnation and destruction. (F. & D. Nos. 42164, 42191, 42202, 42206, 
42207, 42223, 42257. 42258, 42302, 42341. Sample Nos. 2899-D, 12435-D, 
14530-D, 17126-D,  17264-D,  18742-D,  22525-D, 25008-D, 28905-D, 29004-D.>
Samples of this product were found to be defective in that they contained 
holes.
On various dates between April 11 and May 9, 1938, 10 United States at- 
torneys, acting upon reports by the Secretary of Agriculture, filed in their 
respective district courts libels praying seizure and condemnation of 885% dozer* 
prophylactics in various lots at Hartford, Conn., San Francisco, Calif., Charlotte, 
N. C, Charleston, &'. C, Jacksonville, Fla., Baltimore, Md., Washington, D. C, 
Los Angeles, Calif., Pittsburgh, Pa., and Boston, Mass.; alleging that the 
article had been snipped in interstate commerce en various dates between' 
November 6, 1937, and April 22, 1938, from New York and Long Island City, 
N. Y., by Julius Schmid, Inc.; 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 
standard or quality under which it was sold.
Misbranding was alleged in that the following statements appearing in the 
labeling of one lot, "For the prevention of contagious diseases. * * * Com- 
plete security and greater ease of mind is assured by the new Non-Slip XXX 
(Fourex) * * * For your protection * * * For Prevention of Disease," 
and the following statements appearing in the labeling of ,the remaining lots, 
"For Prevention of Disease * * * The ideal prophylactic * * * Your 
protection in purchasing any prophylactic is in asking for a proven and satis- 
factory brand by its name. * * * For Your Protection * * * for the 
prevention of contagious diseases," were false and misleading.
On various dates between June 28 and July 27, 1938, no claimant having 
appeared, judgments of condemnation were entered and the product was ordered 
destroyed.
M. L. WILSON, Acting Secretary of Agriculture.