30382. Adulteration  and misbranding of prophylactics.    J.  S.  v.  SO Gross of
Rubber Prophylactics   (and 3 other seizure actions against the same 
products).    Default decrees of condemnation and destruction.     (F. & D.
Nos.  44221,  44567,  44622,  44765.    Sample Nos.  19763-D,  19770-D, 35728-D, 
35732-D, 45741-D, 59629-D, 59534-D.)
Samples of this product were found to be defective in that they contained 
holes.
On October 21 and December 21, 1938, and January 6 and February 3, 1939, 
the United States attorneys for the Districts of Massachusetts and Minnesota, 
Southern District of New York, and the Northern District of Illinois, acting 
upon reports by the Secretary of Agriculture, filed in their respective district 
courts libels praying seizure and condemnation of 50 gross of prophylactics at 
Boston, Mass.; 74 gross at Minneapolis, Minn.; 350 gross at New York, N. Y., 
and 11 gross of prophylactics at Chicago, Ill.; alleging that the article had 
been shipped in interstate commerce within the period from on or about 
October 8, 1938, to on or about January 5, 1939, by Killashun Sales Division 
from Akron, Ohio; and charging adulteration 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.
It was alleged to be misbranded in that the following statements in the 
labeling were false and misleading: "Guaranteed for 5 Years * * * For 
Prevention of Disease."
On January 26, February 13 and 18, and March 10, 1939, no claimant having 
appeared, judgments of condemnation were entered and the product was 
ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.