30037. Adulteration   and misbranding of   prophylactics.     TT.   S.   v.   229   Dozen
Rubber Prophylactics. Default decree of condemnation and destruc- 
tion.     (F. & D. No. 44230.    Sample Nos. 10319-D, 10320-D.)
Samples of this product were found to be defective in that they contained 
holes.
On October 24, 1938, the United States attorney for the Western District of 
North Carolina, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 700 dozen prophy- 
lactics at Charlotte, N. C.; alleging that the article had been shipped in inter- 
state commerce in part on or about August 23, 1938, and in part on or about 
October 5, 1938, by the Crown Rubber Sundries Co. from Akron, Ohio; and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled "Koin-Pack" or "Texide."
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: (Koin-Pack) "Prophylactic * * * For Preven- 
tion  of  Disease";   (Texide)   "Guaranteed Five Tears   *   *   *   Prophylactic
* *   *   For Prevention of Disease."
On December 3,1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.