29287. Adulteration  and misbranding of  rubber prophylactics.     TJ.   S.  v.  15 *£ 
Gross of Rubber Prophylactics.    Default decree of condemnation and' 
destruction.    (F. & D. No. 41633.   Sample No. 7623-D.)
Samples of this product were found to be defective in that they contained 
holes.
On February 4, 1938, the United States attorney for the District of Con- 
necticut, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 15% gross of rubber 
prophylactics at Hartford, Conn.; alleging that the article had been shipped in 
interstate commerce on or about July 23, 1937, from New York, N. Y., by Biddle 
Purchasing Co.; and charging adulteration and misbranding in violation of the
Food and Drugs Act.    The article was labeled in part: "Tetratex.    *    *    * 
L. E. Shunk, Products, Inc., Akron, Ohio."
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 in the labeling 
were false and misleading: "Prophylactic * * * For Medical Purposes Guar- 
anteed Five Years   Disease Preventative."
On May 9, 1938, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.