30381. Adulteration  and misbranding of  prophylactics.    J.   S.   v.   8  Gross   of
Rubber Prophylactics.    Default decree of condemnation and destruc- 
tion.     (F. & D. No. 44937.    Sample No. 42965-D.)
Samples of this product were found to be defective in that they contained 
holes.
On March 2, 1939, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 8 gross of 
rubber prophylactics at Pittsburgh, Pa.; alleging that the article had been 
shipped in interstate commerce on or about January 26, 1939, by Universal 
Merchandise Co. (Gotham Sales Co., Inc.) from New York, N. Y.; and charg- 
ing adulteration and misbranding in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that its strength fell below 
the professed standard or quality under which it was sold.
It was alleged to be misbranded in that the following statements in the 
labeling were false and misleading: "Air Tested * * * Saf-T-Way Prophy- 
lactics   *    *    *   Air Blown Tested."
On March 29, 1939, no claimant having appeared, judgment of condemnation' 
was entered and the product was ordered destroyed.
HAEET L. BROWN, Acting Secretary of Agriculture.