29428. Adulteration and misbranding of rubber prophylactics.    IT. S. v. 5 Gross
of Rubber Prophylactics (and two similar seizure actions). Default 
decrees of condemnation and destruction. (F. & D. Nos. 41790, 41870, 
42450.    Sample Nos. 9815-D, 16922-D, 16929-D, 16930-D.)
Samples of this product were found to be defective in that they contained 
holes.
On or about February 19, March 4, and May 24, 1938, the United States 
attorneys for the Eastern District of Virginia and the Middle District of Penn- 
sylvania, acting upon reports by the Secretary of Agriculture, filed in their 
respective district courts three libels praying seizure and condemnation of 200 
gross of rubber prophylactics in various lots at Norfolk, Va., and Harrisburg, 
Pa.; alleging that the article had been shipped in interstate commerce on or 
about December 11 and 14, 1937, and March 12, 1938, from New York, N. Y., 
by Goodwear Rubber Co., Inc.; and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The article was labeled in part: "Sil- 
verpac," "Tetratex," or "Three Knights."
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 in the several 
labels were false and misleading: (Silverpac) "Silverpac is non-porous Smoke 
Tested * * * Guaranteed Five Years Your Health Demands Silverpac 
This is your Seal of Protection For Prevention of Disease Disease Preventa- 
tive" ; (Tetratex) "For Prevention of Disease Prophylactic Guaranteed Five 
Years"; (Three Knights) "For perfect masculine Hygiene prophylactic Guar- 
anteed for 5 years   hole proof triple tested   For prevention of disease."
On May 11 and June 15, 1938, no claimant having appeared, judgments of 
condemnation were entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.