28715. Adulteration   and misbranding of   rubber   prophylactics.     U.   S.   v.   19
Gross of Rubber Prophylactics (and six other similar seizure actions). 
Default decrees of condemnation and destruction. (F. & D. Nos. 41436, 
41503, 41555. 41556, 41573, 41601, 41649, 41905. Sample Nos. 1085-D, 1411-D, 
1412-D, 789o-D, 8022-D, 8023-D, 8570-D, 8577-D, 9601-D, 9602-D.)
An examination of these prophylactics showed that some of them were de- 
fective in that they contained holes.
On various dates between January 18 and March 8, 1938, six United States 
attorneys, acting upon reports by the Secretary of Agriculture, filed in their 
respective district courts libels praying seizure and condemnation of 450y2 
gross of rubber prophylactics in various lots at Chicago, Ill.; Baltimore, Md.; 
Philadelphia, "Wilkes-Barre, and Pittsburgh, Pa.; and Newark, N. J. The libels 
alleged that the article had been shipped in interstate commerce on various 
dates between -October 1, 1937, and February 25, 1938, from New York, N. Y., 
by the Goodwear Rubber Co.; and charged adulteration and misbranding in 
violation of the Food and Drugs Act. The article was labeled in part vari- 
ously: "Gold Ray"; "Amazons"; "Silverpac"; "Admirals"; "XceUo's"; "Skin 
Pak."
It was alleged to be adulterated in that its strength fell below the professed 
standard or quality under which it was sold.
Misbranding was alleged in that the following statements variously appearing 
in the labeling of the several products were false and misleading: (Gold Ray) 
"Disease Preventative * * * Air Tested * * * For Prevention of Dis- 
ease * * * Tested Liquid Latex * * * Guaranteed 5 years," (on label- 
ing of a portion of the Gold Ray) "The Finest Latex Prophylactic * * * 
Tested * * * Triple Tested"; (Amazons) "A Disease Preventative * * * 
Learn to keep well * * * Finest * * * Prophylactic Made * * *. 
Guaranteed to be blown on special air pressure machines, triple tested * * * 
tested * * .* guaranteed 5 years * * * disease preventative"; (Silver- 
man "Non-porous smoke tested * * * Guaranteed 5 Years * * * Tested 
Liquid Latex * * * Guaranteed 5 years * * * For Prevention of Dis- 
ease * * * Disease Preventative * * * Your health demands Silver- 
pac * * * This is your seal of protection * * * Tested"; (Admirals) 
"Prevent infection * * * Blown Tested * * * On Specially Designed 
Compressed Air Machines * * * Carefully Selected * * * Laboratory 
Tested * * * Safe * * * Guaranteed 5 years * * * Guaranteed for 
5 years * * * A * * * Safer Prophylactic * * * Admirals are Ab- 
solutely Guaranteed * * * For Prevention of Disease"; (Xcello's) "XceUo's 
* * * The Perfected Latex * * * For Prevention of Disease * * * 
For the Prevention of Disease"; (Skin Pak) "Skin * * * Guaranteed 2 
years    *    *    *     Safe Preventative    *    *    *    For Prevention of Disease."
On various dates between February 28 and April 29, 1938, no claimant hav- 
ing appeared, judgments of condemnation were entered and the product was 
ordered destroyed.
W. R. GEEOG, Acting Secretary of Agriculture.