133. Adulteration  and  misbranding:  of prophylactics.     U.  S. v.  B8 Gross  and
22   Gross  of  Prophylactics.    Default  decrees  of  condemnation  and  de-
struction.     (F. D. C. Nos. 1249,  1296.    Sample Nos. 61285-D, 62620-D.)
On December 27, 1939, and January 4, 1940, the United States attorney for
the Southern District of Texas filed libels against 80 gross of prophylactics
at Houston, Tex., alleging that the article had been shipped in interstate com-
merce on or about September 11 and September 21, 1939, by the International
Distributors Co. from Memphis, Tenn.; and charging that it was adulterated
and misbranded.    It was labeled in part "Apris."
The article was alleged to be adulterated in that its quality fell below that
which it purported or was represented to possess.
It was alleged to be misbranded in that the representation on the labeling
that it was a prophylactic was false and misleading.
On January 31 and February 8, 1940, no claimant having appeared, judg-
ments of condemnation were entered and the product was ordered destroyed.