29292. Adulteration   and misbranding of  rubber  prophylactics.     IT.   S.  v.  73%
Dozen Rubber Prophylactics. Default decree of condemnation and 
destruction.    (F. & D. No. 41917.   Sample No. 769-D.)
Samples of this product were found to be defective in that they contained 
holes.
On or about March 11, 1938, the United States attorney for the Southern 
District of Florida, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 73% dozen rub- 
ber prophylactics at Miami, Fla.; alleging that the article had been shipped in 
interstate commerce on or about January 11, 1938, from Atlanta, Ga., by 
Specialty Sales Co.; and charging adulteration and misbranding in violation 
of the Food and Drugs Act.   The article was labeled in part, "Trayban."
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 following statements appearing in the 
labeling were false and misleading: "Soldiers of Health * * * For Preven- 
tion of Disease * * * Guaranteed For 5 Years * * * Selected Tested 
Non Porous Smoke Test."
On June 11, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.