80630. Adulteration and misbranding of prophylactics.     U. S. v. 123 Gross of
Prophylactics.       Default   decree   of   condemnation   and   destruction.
(F. & D. No. 45231.     Sample No. 47427-D.)
Samples of this product were found to be defective in that they contained 
holes.
On April 25, 1939, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 123 gross of prophylactics at Balti- 
more, Md.; alleging that the article had been shipped in interstate commerce 
on or about February 28 and March 15, 1939, from Akron, Ohio, by Bengor 
Products Co.; and charging adulteration and misbranding in violation of the
Food and Drugs Act. The article was labeled in part: "Tetratex * * * 
L. E. Shunk Latex Products, Inc., Akron, Ohio."
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 labeling 
were false and misleading: "The Modern Prophylactic * * * for Medical 
Purposes" and "Guaranteed Five Years Disease Preventative."
On May 17, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BEOWN, Acting Secretary of Agriculture.