2076. Adulteration and misbranding of prophylactics.    V. S. v. Killashun Sal*
Division, a partnership, and James L. Tyrrell and Maurice Gusmai 
Pleas of nolo contendere. Fine of $5,500 against partnership; fine - 
$1,375 against eaeh individual. (F. D. C. No. 17819. Sample Nos. 68748-1 
97657-F, 10225-H, 18826-H, 22115-H, 24184-H.)
INDICTMENT RETURNED:   May 15, 1946, Northern District of Ohio, against th
Killashun Sales Division, a partnership, Akron, Ohio, and James L. Tyrre"
and Maurice Gusman, members of the partnership. 
ALLEGED SHIPMENT:   Between the approximate dates of August 22, 1944, am
January 13,1945, from the State of Ohio into the States of Indiana, Minnesota
Pennsylvania-, Missouri, and Louisiana.
PRODUCT: Examination of samples showed that the proportion of the produc 
containing holes varied from 4.9 percent to 8.3 percent.
LABEL, IN PART: "Texide Rubber Sheaths * * * Manufactured By L. E 
Shunk Latex Products, Inc. Akron, Ohio," "X Cello's [or "Silver-Tex*'] Pro 
phylactics   Manufactured By The Killian Mfg. Company   Akron, Ohio."
NATURE OF CHARGE: Adulteration, Section 501 (e), the quality of the articL 
fell below that which it purported and was represented to possess, in that thi 
article purported to be and was represented as a prophylactic, whereas it was 
not a prophylactic since it was ineffective for prophylaxis because of the pres 
ence of holes.
Misbranding, Section 502 (a), the statement "Prophylactics" borne on th( 
labels of portions of the article was false and misleading.
DISPOSITION : October 18, 1946. Pleas of nolo contendere having been entered 
the court imposed a fine against the partnership of $500 on each of the 11 counts 
of the indictment and a fine against each individual of $125 on each of the 11 
counts.