30203. Adulteration  and misbranding of prophylactics.     V. S. v. 20 Gross of
Rubber Prophylactics.   Default decree of condemnation and destruction.
(F. & D. No. 44557.   Sample Nos. 34347-D, 34356-D.)
Samples of this product were found to be defective in that they contained 
holes.
On December 20, 1938, the United States attorney for the District of Colum- 
bia, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 20 gross of prophylactics at 
Washington, D. C.; alleging that the article was in possession of the Columbia 
Wholesale Sundries of Washington, D. C, and was being offered for sale in the 
District of Columbia; and charging adulteration and misbranding in violation 
of the Food and Drugs Act.   The article was labeled in part, "X Cello's."
It was alleged to be adulterated in that its strength fell below the professed 
standard or quality under which it was sold.
It was alleged to be misbranded in that the following statement in the label- 
ing was false and misleading: "X Cello's * * * Sold for Prevention of 
Disease.
On January 14, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture,