28725. Adulteration and misbranding of rubber prophylactics.    TJ. S. v. 29 Gross
of Rubber Prophylactics (and 18 other seizure actions). Default de- 
crees of condemnation and destruction. (F. & D. Nos. 41374, 41375, 41420, 
41447, 41448, 41492, 41494, 41495, 41560, 41561, 41562, 41599, 41602, 41603, 
41604, 41624. 41625, 41626, 41760, 41761, 41762, 41952. Sample Nos. 1084-D, 
1086-D, 1087-D, 1088-D, 2346-D, 2348-D, 2349-D, 2626-D to 2630-D, incl, 
7646-D, 7647-D, 7649-D, 8562-D, 8565-D, 8568-D, 8569-D, 9001-D, 9394-D, 
9395-D, 9396-D, 9502-D, 9503-D, 9505-D, 9506-D.)
Examination of these prophylactics showed that some were defective in that 
they contained holes.
On various dates between January 14 and March 15, 1938, six United States 
attorneys, acting upon reports by the Secretary of Agriculture, filed in their re- 
spective district courts libels praying seizure and condemnation of 1,105 gross and 
530 packages of rubber prophylactics in various lots at New York, N. Y.; Chicago* 
111.; Oklahoma City, Okla.; Sloan, N. Y.; St. Louis, Mo.; and Pittsburgh, Pa. 
The libels alleged that the article had been shipped in interstate commerce on 
various dates between November 9, 1937, and January 12, 1938, from Akron, Ohio*, 
by Killashun Sales Division; and charged adulteration and misbranding in viola- 
tion of the Food and Drugs Act. The article was variously designated: "Xcel- 
lo's"; "Tetratex"; "L. E. S."; "Texide"; "Silver Tex." Portions designated as 
L. E. S., Texide, and Tetratex were labeled: "L. E. Shunk Latex Products, Inc., 
Akron, Ohio." One lot, designated as Excello's, was labeled: "The Killian Mfg. 
Company, Akron, Ohio."
The articles were alleged to be adulterated in that their strength fell below 
the professed standard or quality under which they were sold.
Misbranding was alleged in that the following statements' appearing in the 
labeling of the several lots of the product were false and misleading: (Xcello's) 
"Xcello's * * * For Prevention of Disease * * * The Perfected Latex"; 
(Tetratex) "Prophylactic * * * For Prevention of Disease * * * 
Strongest Liquid Latex   *    *   *   Prophylactics   *    *    *    Guaranteed 5 Years
* * * Disease Preventative * * * For Medical Purposes"; (Texide) 
"Prophylactic * * * Guaranteed 5 years * * * Against Deterioration 
under normal conditions * * * For the Prevention of Disease * * * 
Prophylactics    *    *    *    For Prevention of Disease"; (L. E. S.) "Prophylactics
* * * Guaranteed 5 Years * * * For the Prevention of Disease * * * 
For Prevention of Disease * * * Disease Preventive * * * Guaranteed 
5 Yrs."; (Silver Tex) "Superfine * * * Prophylactics * * * Guaran- 
teed 5 Yrs. * * * For the Prevention of Contagious Diseases * * * For 
Prevention of Disease."
On various dates between February 26 and April 21, 1938, no claimant having 
appeared, judgments of condemnation were entered and the products were ordered 
destroyed.
W. R. GSEGG, Acting Secretary of Agriculture.