30249. Adulteration   and misbranding of  prophylactics.     IJ.   S.  v.   5   Gross   of
Prophylactics.   Default decree of condemnation and destruction.    (F. &
D. No. 44398.    Sample No. 22177-D.)
Samples of this product were found to be defective in that they contained 
holes.
On November 22, 1938, the United States attorney for the Eastern District 
of Wisconsin, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 5 gross of 
prophylactics at Milwaukee, Wis.; alleging that the Particle had been shipped 
in interstate commerce on or about November 10, 1938, by the Perfection Rubber 
Co. from Akron, Ohio; and charging adulteration and misbranding in violation 
of the Food and Drugs Act.   The article was labeled in part, "Safe-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: "Safe-Tex * * * The enclosed prophy- 
lactics are an aid in preventing venereal diseases * * * For prevention of 
diseases."
On February 1, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.