30962. Adulteration and misbranding of propbylactics.    V. S. v. 39 % Gross of
Propbylactics.    Default decree of condemnation and destruction.    (F. &
D. No. 45298.   Sample No. 47455-D.)
Samples of this product were found to be defective in that they contained 
holes.
On May 10, 1939, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel against 39 % gross of prophylactics at Baltimore, Md.; alleging that the 
article had been shipped in interstate commerce on or about January 4, 1939, 
by Goodwear Rubber Co., Inc., from New York, N. Y.; and charging adulteration 
and misbranding in violation of the Food and Drugs Act The article was 
labeled in part "Gold Ray."
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: (Gross carton) "The Finest Latex Prophylactic 
* * * Disease Preventative * * * Air Tested"; (3-unit carton) "Disease 
Preventative * * * Tested * * * Guaranteed Five Years"; (1-dozen 
carton) "Disease Preventative * * * Sold for Prevention of Disease"; 
(leaflet) "The United States Department of Agriculture, Food and Drug Ad- 
ministration, has notified all manufacturers of Prophylactic Rubber Goods that 
this merchandise is sold for prevention of disease and therefore comes under 
their jurisdiction. We guarantee that this merchandise will stand any reason- 
able test demanded by the Government in accordance with the Pure Food and 
Drug Laws. Guarantee * * * We guarantee this merchandise to be as 
good and as safe as any brand on the market today."
On June 8, 1939, no claimant having appeared, judgment of condemnation 
and destruction was entered and the product was ordered destroyed.
GROVER B. Hrxx, Acting Secretary of Agriculture.