28716. Adulteration and misbranding of rubber prophylactics.     IT.  S. v. 4 5/12
Gross of Rubber Prophylactics (and 2 other seizure actions). Default 
decree of condemnation and destruction. (F. & D. Nos. 41559, 41570, 
41699.    Sample Nos. 1577-D, 1578-D, 10254-D, 10255-D, 13844-D, 13846-D.)
Examination of these prophylactics showed that some of them were defective 
in that they contained holes.
On January 31 and February 16, 1938, the United States attorneys for the 
Eastern District of Pennsylvania, the District of Massachusetts, and the Eastern 
District of South Carolina, acting upon reports by the Secretary of Agriculture, 
filed in their respective district courts libels praying seizure and condemnation 
of 54% gross of rubber prophylactics in various lots at Philadelphia, Pa.; 
Boston, Mass.; and Lamar, S. C. The libels alleged that the article had been 
shipped in interstate commerce on or about December 16 and 31, 1937, and 
January 21, 1938, from New York, N. Y., by Everett Rubber Co. The respective 
lots of the article were labeled in part: "Gold Tex";  "Xcello's"; "Tetratex."
The article 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 appearing in the 
labeling were false and misleading: (Gold Tex) "Prophylactic Disease Preventa- 
tive * * * Guaranteed 100% Perfect * * * Guaranteed for Five 
Years"; (Xcello's) "For Prevention of Disease * * * Xcello's the perfected 
latex Guaranteed Five Years Notice the Within Articles are Manufactured and 
sold for Prevention of Contagious Diseases"; (Tetratex) "For Prevention of 
Disease    *    *    *    Prophylactic    *    *    *    Guaranteed   Five   Years."
On February 28 and March 10 and 28, 1938,-no claimant having appeared, 
judgments of condemnation were entered and the products were ordered 
destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.