30389. Adulteration  and misbranding of  prophylactics.     J.  S.  v.   10  Gross   of
Rubber Prophylactics.     Default  decree  of condemnation and destruc- 
tion.    (F. & D. No. 44483.   Sample No. 20571-D.)
Samples of this product were found to be defective in that they contained 
holes.
On December 7, 1938, the United States attorney for the District of Arizona, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 10 gross of rubber prophylactics 
at Tucson, Ariz.; alleging that the article had been shipped in interstate com- 
merce on or about November 5, 1938, by Arrow Rubber Corporation from New 
York, N. Y.; and charging adulteration and misbranding in violation of the 
Food and Drugs Act.
Adulteration was alleged in that the strength of the article fell below the 
professed standard or quality under which it was sold.
The article was alleged to be misbranded in that the following statements 
in the labeling were false and misleading: "Most Perfect Product * * * 
For prevention of disease * * * Guaranteed 5 years * * * Quality 
*   *   *   A real protection."
On February 20, 1939, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.