30031. Adulteration  and misbranding of  prophylactics.     U.   S.  v.   1  Gross  of
Prophylactics.    Default decree of condemnation and destruction.    (F. &
D. Nd. 44118.    Sample No. 34172-D.)
Samples of this product were found to be defective in that they contained 
holes.
On October 10, 1938, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 1 gross of prophylactics at Baltimore, 
Md.; alleging that the article had been shipped in interstate commerce on or 
about September 22, 1938, by the Olympia Laboratory from Atlanta*, Ga.; and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: "Black and Gold Perfect Transparents."
Adulteration was alleged in that the strength of the article 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: "Perfect * * * For the prevention of disease * * * 
The merchandise which you will find in this package is made of the very best 
material * * * and with all the care and skill which long experience in 
manufacturing can give."
On November 14, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HAEET L. BROWN, Acting Secretary of Agriculture.