30035. Adulteration and misbranding of prophylactics.    TJ.  S. v. 45  Gross,  19
Gross, and 25 Gross of Prophylactics. Default decree of condemnation 
and destruction. (F. & D. No. 42958. Sample Nos. 25456-D, 25457-D, 
26458-D.)
Samples of this product were found to be defective in that they contained 
holes.
On or about June 20, 1938, the United States attorney for the District of 
Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of Sd gross of prophy- 
lactics at Hartford, Conn.; alleging that the article had been shipped in 
interstate commerce on or about May 10, 1938, by the Mayfair Chemical Co. 
from New York, N. Y.; and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled variously: "Silver-Town," 
"Gold Town," and "Pro-Tek."
It 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:   (Silver-Town)    "Disease   Preventative
* * * Prophylactic"; (Gold Town) "For Prevention Of Disease * * * 
Disease Preventative * * * Prophylactic"; (Pro-Tek) "Pro-Tek Disease 
Preventative   *    *    *   Prophylactic."
On October 26, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.