30044. Adulteration  and misbranding of  prophylactics.     V.   S. v.   15  Gross   of
Rubber Prophylactics (and 10 similar seizure actions).   Default decrees 
of  condemnation  and  destruction.     (F.   & D.  Nos.   42264,  42265,   42266, 
42396, 42913, 44117, 44259 to 44263, inclusive.   Sample Nos. 10920-D, 10921-D, 
10922-D, 10923-D, 10937-D,  11963-D, 11966-D,  11969-D,  11970-D,  11972-D 
11973-D, 15005-D.
Samples of this product were found to be defective in that they contained 
holes.
Between the dates of April 28 and November 3, 1938, the United States 
attorneys for the Western District of Kentucky, the Western District of Wash- 
ington, and the District of Puerto Rico, acting upon reports by the Secretary 
of Agriculture, filed in their respective district courts libels praying seizure and 
condemnation of 59% gross of prophylactics at Louisville, Ky., 20 gross of the 
product at Seattle, Wash., 39 gross at Puerta de Tierra, P. R., 31 gross at 
Arecibo, P. R, 41 gross at Mayaguez, P. R., and 19 gross at Ponce, P. R.; 
alleging that the article had been shipped in interstate commerce within the 
period from on or about January 27, 1938, to on or about August 27, 1938, by 
the Universal Merchandise Co., in part from Chicago, Ill., in part from Los 
Angeles, Calif., and in part from New York, N. Y.; and charging adulteration 
and misbranding in violation of the Food and Drugs Act The article was 
labeled in part, "Saf-T-Skin" or "Rx 97."
It was alleged to be adulterated in that its strength fell below the professed 
standard or quality under which it was sold.
The article was alleged to be misbranded in that the following statements 
appearing in the labeling were false and misleading:  (Saf-T-Skin)   "Prophy-
lactics * * * The Modern Prophylactics * * * The Dependable Prophy- 
lactic * » * Saf-T-Skin * * * To Prevent Disease * * * Guaranteed 
Five Years * * * Disease Preventative"; (Rx 97) "The Reliable Prophylactic 
* * * Guaranteed Five Years * * * To Prevent Disease * * * For 
Prevention Of Disease   *   *   *   Guaranteed 100 Percent Air Tested."
On June 7, November 17 and 19, and December 12, 1938, no claimant having 
appeared, judgments of condemnation were entered and the product was ordered 
destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.