127. Adulteration and misbranding of prophylactics.     IT. S. v. 87 Gross and S3
Gross of Prophylactics. Default decrees of condemnation and destruc-
tion.     (F. D. C. Nos. 1014, 1029.    Sample Nos. 75446-D, 84149-D.)
On November 18 and 21, 1939, the United States attorneys for the Western
District of Tennessee and the Northern District of Ohio filed libels against 87
gross of prophylactics at Memphis, Tenn., and 33 gross of prophylactics at Akron,
Ohio, alleging that the article had been shipped in interstate commerce on or
N. Y.; and charging that it was adulterated and that one lot was also mis-
branded.   The article was labeled in part: "Tally-Ho" or "Saf-T-Way."
The article in both lots was alleged to be adulterated in that its quality fell
below that which it purported or was represented to possess.
The Saf-T-Way brand was alleged to be misbranded in that its labeling con-
veyed the false and misleading impression that it was a safe prophylactic.
On December 12 and 20, 1939, no claimant having appeared, judgments of
condemnation were entered and the product was ordered destroyed.