80047. Adulteration and misbranding of prophylactics. U. S. v. 2% Gross of 
Rubber Prophylactics (and 2 similar seizure actions). Default decrees 
of condemnation and destruction. (F. & D. Nos. 44023, 44034, 44292. 
Sample Nos. 24974-D, 24975-D, 24976-D, 45012-D.)
Samples of this product were found to be defective in that they contained 
holes.
On or about October 1, October 6, and November 7, 1938, the United States 
attorney for the Southern District of Florida, acting upon reports by the Secre-
tary of Agriculture, filed in the district court libels praying seizure and condem- 
nation of 13% gross of prophylactics in various lots at Tampa, Orlando, and St. 
Petersburg, Fla.; alleging that the article had been shipped in interstate com- 
merce within the period from on or about September 10 to on or about October 
5, 1938, by A. G. Vining from Atlanta, Ga.; and charging adulteration and mis- 
branding in violation of the Food and Drugs Act. The article was labeled in 
part, "Hygiene" or "Pro-Medico."
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; (Hygiene) "Protectors * * * Guaran- 
teed 2 years * * * For Prevention of Disease * * * Selected Airtested 
and Guaranteed to be free from pinholes, blisters or other imperfections"; 
(Pro-Medico) "For Medical Purposes * * * Tested * * * Guaranteed 
Five Years   *   *   *   Triple Air Tested."
On November 9, November 29, and December 17, 1938, no claimant having 
appeared, judgments of condemnation were entered and the product was ordered 
destroyed.
HABET L. BEOWN, Acting Secretary of Agriculture.