30036. Adulteration  and misbranding of prophylactics.     TJ.   S.  v.   9  Gross   of
Rubber Prophylactics  (and 1 similar seizure action).    Default decrees 
of condemnation and' destruction.     (F. & D. Nos. 43842, 43955.    Sample 
•    Nos. 22651-D, 34088-D.)
Samples of this product were found to be defective in that they contained 
holes.
On September 13 and 23, 1938, the United States attorneys for the Eastern 
District of Virginia and the Western District of Pennsylvania, acting upon 
reports by the Secretary of Agriculture, filed in their respective district courts 
libels praying seizure and condemnation of 9 gross of prophylactics at Norfolk, 
Va., and 14 gross of the product at Pittsburgh, Pa.; alleging that the article 
had been shipped in interstate commerce by the Martin-Glassman Corporation 
from New York, N. Y.r the former on or about August 26, 1938, and the latter 
on or about September 8, 1938; and charging adulteration and misbranding in 
violation of the Food and Drugs Act The article was labeled "X-Cello's" 
or "Silver Tex."
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 appearing in the 
labeling were false and misleading:   (X-Cello's)   "For Prevention of Disease
* * * the perfected latex * * * Guaranteed 5 years Sold for prevention 
of disease"; (Silver Tex) "For Prevention of Disease * * * Disease Pre- 
ventative   *   *   *   Guaranteed 5 years.    Sold for Prevention of Disease."
On October 19 and November 2, 1938, no claimant having appeared, judgments 
of condemnation were entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.