30049. Adulteration and misbranding of prophylactics.    U.  S. v. 14%  Gross of
Prophylactics (and 2 similar seizure actions). Default decrees of con- 
demnation and destruction. (F. & D. Nos. 42357, 44246, 44504. Sample 
Nos. 22832-D, 27132-D, 27134-D,  59247-D.)
Samples of this product were found to be defective in that they contained 
holes.
On May 18, October 29, and December 14, 1938, the United States attorneys 
for the District of Oregon and the Southern District of New York, acting upon 
reports by the Secretary of Agriculture, filed in their respective district courts 
libels praying seizure and condemnation of 14% gross of prophylactics at Port- 
land, Oreg., and 5% gross of the product at New York, N. Y.; alleging that 
the article had been shipped in interstate commerce within the period from 
on or about March 16, 1938, to on or about November 29, 1988, by Stowall & Co. 
from  San Francisco.   Calif.;  and charging adulteration  and misbranding in
violation of the Food and Drugs Act. The article was labeled in part, "Lawrence" 
or "Peacocks."
Adulteration was alleged in that the strength of the article fell below the 
professed standard or quality under which it was sold.
The La France brand was alleged to be misbranded in that the statement 
"For Prevention of Disease," borne on the label, was false and misleading since 
the articles were not suitable for the prevention of disease because they con- 
tained perforations or punctures. The Peacocks were alleged to be misbranded 
in that the following statements in the labeling and similar statements in a 
leaflet shipped with the article were false and misleading: (Box) "Air-Tested
* * * Prophylactic * * * 'Air-Blown-Tested'"; (circular) "Question Why can 
I (the buyer) be reasonably certain the rubber prophylactics I purchase actually 
give protection?   *   *   *   Peacocks are all air-blown tested and will give you
* *    *   protection."
On September 10 and December 1, 1938, and January 25, 1939, no claimant 
having appeared, judgments of condemnation were entered and the product was 
ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.