30794. Adulteration and misbranding of rubber prophylactics.    J. S. v. 26 Gross
of   Prophylactics.     Default   decree   of  condemnation   and   destruction.
(F. & D. No. 45350.   Sample No. 67261-D.)
Samples of this product were found to be defective in that they contained 
holes.
On May 17, 1939, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 26 gross of prophy- 
lactics at New York, N. Y.; alleging that the articles had been shipped in inter- 
state commerce on or about March 16 and 19, 1939, by W. H. Keed & Co., Inc., 
from Atlanta, Ga.; and charging adulteration and misbranding in violation of 
the Food and Drugs Act.    The articles were labeled in part "Surete."
They were alleged to be adulterated in that their strength fell below the 
professed standard or quality under which they were sold, since they were sold 
as prophylactics; whereas they were not suitable for such purpose by reason 
of the fact that they, or a large percentage thereof, contained perforations or 
punctures.
Misbranding was alleged in that the statement on the label, "Sold for Pre- 
vention of Disease," was false and misleading .when applied to prophylactics 
that were not suitable for the prevention of disease, in that they contained 
perforations or punctures.
On June 7, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HABBT L. BROWN, Acting Secretary of Agriculture.