80970. Adulteration   and misbranding of  prophylactics.     U.   S.  v.  3%2  Gross,
2H6 Gross, and 2 Gross of Prophylactics. Default decree of condemna- 
tion and destruction. (F. & D. Nos. 45402, 45403, 45404. Sample Nos. 
54901-D, 64902-D, 54903-D.)
Samples of this product were found to be defective in that they contained 
holes.
On May 24, 1939, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 71:^.2 gross of pro- 
phylactics at Chicago, Ill.; alleging that the article had been shipped in inter- 
state commerce on or about April 4, 1939, by Olympia Laboratory from Atlanta, 
Ga.; and charging adulteration and misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Club House Brand"; or "Peerless 
Brand."
It was alleged to be adulterated in that its strength fell below the professed 
standard or quality under which it was sold.
The article was alleged to be misbranded in that the following statements ap- 
pearing on the packages were false and misleading: "Choicest grade of materials 
* * * Represent the highest quality * * * For the prevention of con- 
tagious diseases."
On July 31, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
GROVER B. Hnx, Acting Secretary of Agriculture.