29282. Adulteration   and misbranding of   rubber   prophylactics.     U.   S.   v.   9%
Gross of Rubber Prophylactics. Default decree of condemnation and 
destruction.    (F. & D. No. 42475.    Sample No. 23057-D.)
Samples of this product were found to be defective in that they contained 
holes.
On May 31, 1938, the United States attorney for the District of Idaho, acting 
upon a report by the Secretary of Agriculture, filed in the district court a libel 
praying seizure and condemnation of 9% gross of rubber prophylactics at Boise, 
Idaho; alleging that the article had been shipped in interstate commerce on or 
about April 12, 1938, from Denver, Colo., by Fall & Fall; and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act.
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 in the labeling were 
false and misleading: "Xcello's the perfected latex * * * For Prevention 
of Disease.
On June 24, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.