28296. Adulteration and misbranding of rubber prophylactics. TJ. S. v. 7% 
Gross of Rubber Prophylactics. Default decree of condemnation and 
destruction.    (F. & D. No. 41909.    Sample No. 10288-D.)
Samples of this product were found to be defective in that they contained 
holes.
On March 10, 1938, the United Stages attorney for the Northern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 7% gross of rubber pro- 
phylactics at Rome, Ga.; alleging that the article had been shipped in interstate 
commerce on or about. January 8, 1938, from New York, N. Y., by J. O. Allen 
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 statement on the carton, "For Prevention 
of Disease," was false and misleading.
On April 9, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.