29432. Adulteration and misbranding of rubber propbylactics.    V. S. v. 1 Gross,
18 Gross, and 5 Gross of Rubber Propbylactics. Default decree of con- 
demnation and destruction. (F. & D. Nos. 42451, 42452, 42453. Sample 
Nos. 24319-D, 24320-D, 24346-D, 24349-D.)
Samples of this product were found to be defective in that they contained 
holes.
On May 25, 1938, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 24 gross of rubber prophylac- 
tics at Columbus, Ohio; alleging that the article had been shipped in interstate 
commerce within the period from on or about October 14, 1937, to on or about 
April 19, 1938, from Spencer, Ind., by World's Products Co.; and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part, variously: "Bed Bird," "X cello's," or "Silver-Tex."
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: (Red Bird) "Prophylactic * * * Guaranteed Five 
Years * * * for the Prevention of Contagious Diseases * * * For Pre- 
vention of Disease"; (X cello's) "X cello's the perfected latex * * * For 
Prevention of Disease"; (Silver-Tex) "* * * for Prevention of Dis- 
ease * * * Prophylactic * * * Guaranteed Five Years * * * for the 
Prevention of Contagious Disease."
On August 31, 1938, no claimant having appeared, judgment of condemnation 
was entered and the article was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.