30248. Adulteration and misbranding of prophylactics.    V. S. v. 15 Gross and
7% Gross of Prophylactics (and 1 other seizure action against the same 
product).    Default decrees of condemnation and destruction.     (F. & D.
Nos. 44408, 44409, 44432.     Sample Nos. 58647-D, 58648-D, 58653-D.)
Samples of this product were found to be defective in that they contained 
holes.
On November 26 and 29, 1988, the United States attorney for the Western 
District of Kentucky, acting upon reports by the Secretary of Agriculture, filed 
in the district court libels praying seizure and 'condemnation of 39^ gross of 
prophylactics at Louisville, Ky.; alleging that the article had been shipped in 
interstate commerce by Peerless Rubber Sundries from Akron, Ohio, in part 
on or about October 17, 1938, and in part on or about November 2, 1938; and 
charging adulteration in violation of the Food and Drugs Act. The article 
was labeled in part, "Texide." A portion was labeled further: "L. E. Shunk 
Latex Products, Inc., Akron, Ohio."
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: "Guaranteed Five Years * * * Prophy- 
lactics   *   *   * For prevention of disease."
On January 5, 1939, no claimant having appeared, judgments of condemna- 
tion were entered and the products were ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.