30038. Adulteration   and misbranding of  prophylactics.     TJ.   S.  v.  29  Gross of
Rubber Prophylactics. Default decree of condemnation and destruc- 
tion.    (F. & D. No. 44328.   Sample No. 11964-D.)
Samples of this product were found to be defective in that they contained 
holes.
On November 12, 1938, the United States attorney for the District of Puerto 
Rico, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 29 gross of prophylactics 
which were offered for sale in the Territory of Puerto Rico. The libel alleged 
that the article had been received by Luis Garraton & no., S. en C, of San 
Juan, P. R.; and that it was adulterated and misbranded in violation of the 
Food and Drugs Act   The article was labeled in part "El Sable."
Adulteration was alleged in that the strength of the article fell below the 
professed standard or quality under which it was sold.
Misbranding was alleged in that the statements in the labeling, (carton) 
"For so salud y para so proteccion * * * Sometidos a vapor y a la prueba 
de aire" (envelope) "Sometido a prueba de aire Garantizado 100 per cent 
perfecto   *   *   *   No tiene agujeros," were false and misleading.
On December 12, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.