30050. Adulteration and misbranding of prophylactics. TT. S. v. 89 Gross of 
Prophylactics (and 5 similar seizure actions). Default decrees of con- 
demnation and destruction. (F. & D. Nos. 41550, 41551, 42121, 42122, 
43322, 44166, 44167, 44274. Sample Nos. 7710-D, 7711-D, 21316-D, 21322-D, 
25758-D, 27128-D, 27129-D, 37865-D, 38266-D.)
Samples of this product were found to be defective in that they contained 
holes.
Between the dates of February 1 and November 3, 1938, the United States 
attorneys for the Southern District of New York, Northern District of Illinois, 
and the Southern District of Texas, acting upon reports by the Secretary of 
Agriculture, filed in their respective district courts libels praying seizure and 
condemnation of 200^ gross of prophylactics at New York, N. Y., 262 gross 
at Chicago, Ill., and 40 gross at Houston, Tex.; alleging that the article had 
been shipped in interstate commerce within the period from on or about Novem- 
ber 19, 1937, to on or about October 1, 1938, by the Killashun Sales Division, 
from Akron, Ohio; and charging adulteration and misbranding in violation of the 
Food and Drugs Act The article was labeled variously: "Texide" ; "Silver-Tex"; 
"X Cello's"; "Double Dutch"; "Genuine Latex Mfd. by L. E. Shunk Latex Prod. 
Inc., Akron, Ohio"; "Texide Goldbeaters"; "Silver-Tex Supreme Goldbeaters."
The article in certain lots was alleged to be adulterated in that its strength 
fell below the professed standard or quality under which it was sold.
Misbranding of the said lots was alleged in that the following statements 
appearing in the labeling were false and misleading: (Double Dutch) "For pre- 
vention of disease"; (Genuine Latex) "For prevention of Disease"; (Silver-Tex) 
"For Prevention of Disease * * * Guaranteed 5 years"; (X Cello's) "For 
Prevention of Disease * * * the perfected latex * * * Guaranteed Five 
Years"; (portion of Texide Goldbeaters) "Guaranteed five years * * * For 
the Prevention of Contagious Disease"; (Texide) "Prophylactic * * * Guar- 
anteed Five Years   *    *   *   For Prevention of Disease."
The article in two of the lots was' alleged to be misbranded in that the fol- 
lowing statements regarding their therapeutic effects were false and fraudulent 
since it was incapable of producing the effects claimed: (Silver-Tex Supreme 
Goldbeaters) "Supreme * * * Specially Selected * * * made from the 
choicest grade of materials obtainable * * * and represent the highest 
quality * * * for the .prevention of contagious disease * * * the per- 
fect Prophylactic"; (Texide Goldbeaters) "Guaranteed Five Years * « * 
made from the choicest grade of materials obtainable * * * and represent 
the highest quality   *   *   *   for the prevention of contagious disease."
Between June 15 and December 3, 1938, no claimant having appeared, judg- 
ments of condemnation were entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.