30386. Adulteration  and misbranding of prophylactics.    TT.  S.  v.   IS  Gross  of
Prophylactics.    Default decree of condemnation and destruction.    (F. &
D. No. 44683.    Sample No. 11966-D.)
Samples of this product were found to be defective in that they contained 
holes.
On December 27,1938, the United States attorney for the District of Puerto 
Rico filed in the district court a libel praying seizure and condemnation of 
15 gross of prophylactics at San Juan, P. R.; alleging that the article had been 
shipped in interstate commerce on or about June 11, 1938, by Universal Mer- 
chandise Co. from New York, N. Y.; and charging adulteration and misbrand- 
ing 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: (Carton) "The reliable prophylactic 
*    *    *   Guaranteed five years   *    *    *   to prevent disease."
On February 9, 1939, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.