2075. Adulteration and misbranding of prophylactics.    U. S. v. The Perfecti.
Kubber Co. and William B. Augustine. Pleas of guilty. Pines of $8' 
and costs imposed upon eaeh defendant; payment of fine against co 
poration suspended. (F. D. C. No. 20936. Sample Nos. 10958-H, 13987- 
21445-H, 22380-H.)
INFORMATION FILED: October 17, 1946, Northern District of Ohio, against tl 
Perfection Rubber Co., a corporation, Akron, Ohio, and William B. Augustin 
president of the corporation.
ALLEGED SHIPMENT:   Between the approximate dates of July 10 and August 
1945, from the State of Ohio into the States of Pennsylvania, Indiana, Kansa 
and Illinois.
PRODUCT: Samples of the product were found to contain holes in amounts var. 
ing from 7.4 percent to 33 percent.
LABEL, IS PART:   "Blow   Perfection   Tested," "Perfection   Latex   Gold Bar 
Supreme Quality   Prophylactics," or "Safe-Tex   Prophylactics."
NATURE OF CHARGE: Adulteration, Section 501 (c), the quality of the artic 
fell below that which ft purported and was represented to possess, in th* 
the article purported to be and was represented as a prophylactic, where* 
it was not a prophylactic since it was ineffective for prophylaxis because < 
the presence of holes.
Misbranding, Section 502 (a), the following statements appearing various] 
on the labeling were false and misleading: "Perfection Blow Tested Qualit 
Supreme 100% * * * for the prevention of disease only," "Perfectio 
Supreme Quality Prophylactics," "Safe-Tex Prophylactics * * * An Ai 
for Prevention of Disease," "Sold for Prevention of Disease," or "Safe-Tex 
These statements represented and suggested that the article was a prophylactii 
and that it would be effective for the prevention of disease, whereas it wou] 
not be effective for such purposes because of the presence of holes.
DISPOSITION : December 2, 1946. Pleas of guilty having been entered, fines c 
$800 and costs were imposed upon each defendant. Payment of fine and cost 
imposed upon the corporation was suspended.