128. Adulteration and misbranding of prophylactics. TJ. S. v. 108 Gross, 169 Gross, and 13 Gross of Prophylactics. Default decrees of condemnation and destruction. (F. D. C. Nos. 1045, 1046, 1227. Sample Nos. 62614-D, 63372-D, 63373-D, 63374-D.) On November 21 and December 21, 1939, the United States attorneys for the Western District of Tennessee and the Southern District of Texas filed libels against 277 gross of prophylactics at Memphis, Tenn., and 13 gross of prophy- lactics at Houston, Tex., alleging that the article had been shipped in interstate commerce on or about October 25, 26, and 31, 1939, by Universal Merchandise Co. from New York, N. Y., and New Orleans, La.; and charging that it was adulterated and that one lot was also misbranded. It was labeled in part: "Tally-Ho" or "Clinic." The article was alleged to be adulterated in that its quality fell below that which it purported or was represented to possess. The Clinic brand was also alleged to be misbranded in that representations in the labeling that it was dependable, would prevent disease and was guaranteed for 5 years were false and misleading. On December 19, 1939, and January 23, 1940, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.