29289. Adulteration  and misbranding of rubber prophylactics.    17.  S.  v.  17)4
Gross of Rubber Prophylactics.    Default decree of condemnation and 
destruction.    (F. & D. No. 43008.   Sample No. 25924-D.)
Samples of this product were found to be defective in that they contained 
holes.
On July 1, 1938, the United States, attorney for the District of New Jersey, 
Acting upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 17% gross of rubber prophylactics at 
Newark, N. J.; alleging that the article had been shipped in interstate com- 
merce on or about May 28, 1938, from New York, N. Y., by the Mayfair Chemical 
•Co.; 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.
Misbranding was alleged in that the following statements in the labeling were- 
false and misleading: "Disease Preventative * * * Prophylactic * * * 
For Prevention of Disease."
On August 9, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.