30048. Adulteration and misbranding of prophylactics.   II. S. v. 228 Prophylactics
(and 4 similar seizure actions). Default decrees of condemnation and 
destruction. (F. & D. Nos. 43652, 43653, 44323, 44324, 44403. Sample Nos. 
26782-D, 26783-D, 34118-D, 34119-D, 38975-D.)
Samples of this product were found to be defective in that they contained 
holes.
On September 2 and 9, and November 23, 1938, the United States attorneys 
for the Southern District of New York, the District of Maryland, and the 
Eastern District of Missouri, acting upon reports by the Secretary of Agriculture, 
filed in their respective district courts libels praying seizure and condemnation 
of 600 prophylactics at New York, N. Y., 32 dozen at Baltimore, Md., and 17 
dozen prophylactics at St. Louis, Mo.; alleging that the article had been shipped 
in interstate commerce within the period from on or about June 17 to on or 
about November 4, 1938, by the Akron Drug & Sundries Co. from Akron, Ohio; 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Silver-Tex Supreme Goldbeaters" or 
"Texide Goldbeaters."
Adulteration was alleged in that the strength of the article 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: (Silver-Tex Supreme Goldbeaters) "Supreme * * * 
Specially Selected * * * made from the choicest grade of materials ob- 
tainable * * * represent the highest quality * * * for the prevention 
of contagious diseases * * * for the prevention of disease * * * the 
perfect prophylactic"; (Texide Goldbeaters) "Guaranteed Five Years * * * 
made from the choicest grade of materials obtainable * * * and represent 
the highest quality * * * for the prevention of contagious diseases * * * 
for the prevention of disease."
On September 26 and December 15, 1938, and January 7, 1939, no claimant 
having appeared, judgments of condemnation were entered and the product was 
ordered destroyed.
HABET L. BEOWN, Acting Secretary of Agriculture.