29294. Adulteration and misbranding of rubber prophylactics.    U. S. v. 9% and
12% Gross of Rubber Prophylactics (and 1 similar seizure action).. 
Default decree of condemnation and destruction. (F. & D. Nos. 42003, 
42085.    Sample Nos. 10293-D, 10294-D, 24814-D.)
Samples of this product were found to be defective in that they contained 
holes.
On March 29 and April 4, 1938, the United States attorneys for the Western 
and Eastern Districts of North Carolina, acting upon reports by the Secretary 
of Agriculture, filed in their respective district courts libels praying seizure 
and condemnation of 69% gross of rubber prophylactics in various lots at Gas- 
tonia and Raleigh, N. C.; alleging that the article had been shipped in inter- 
state commerce on or about December 13, 1937, and January 19 and February 
21, 1938, from New York, N. Y., by Per-Zadi Products Co.; and charging adul- 
teration and misbranding in violation of the Food and Drugs Act. The article 
was labeled in part variously: "Genuine Liquid Latex LES," "X cello's," or 
"Nu-Pak."
It wag 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 variously appear- 
ing in the labeling were false and misleading: "Guaranteed Five Years   *    *    *
For Prevention of Disease   *   *    *   X cello's   *   *    *   the perfected latex
* *   *   for the Prevention of Contagious Diseases   *    *    *   For  the Pre- 
vention of Disease   *   *    *   Guaranteed For Five Years."
On May 16 and June 4, 1938, no claimant having appeared, judgments of 
condemnation were entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.