30041. Adulteration and misbranding of prophylactics.    U. S. v. 10% Gross of
Rubber Prophylactics.   Default decree of condemnation and destruction.
(F. & D. No. 42065.   Sample No. 17557-D.)
Samples of this product were found to be defective because of the presence of 
holes.
On March 26, 1938, the United States attorney for the Western District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 10% gross of prophylactics at 
Edinburg, Va., consigned by Magnet Merchandise Co.; alleging that the article 
had been shipped on or about March 7,1938, from New York, N. Y.; and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part "Silver-Tex."
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 statements, "Super Fine * * * for the 
Prevention of Contagious Disease * * * Guaranteed Five Years * * * 
Prophylactic," were false and misleading and tended to deceive and mislead 
the purchaser.
On November 22, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.