407. Adulteration and misbranding: of gauze bandages.    U. S. -v. 56 Dozen and
208 Dozen Retail Packages of Non-Ravel Surgical Gauze Bandage. Default
decree of condemnation and destruction. (F. D. C. No. 2820. Sample Nos.
19424-E, 19426-E.)
This product had been shipped in interstate commerce and was in interstate
commerce at the time of examination at which time it was found to be con-
taminated with viable micro-organisms.
On September 14, 1940, the United States attorney for the Western District
of Pennsylvania filed a libel against 56 dozen packages each containing 10
yards of 1-inch gauze bandage, and 208 dozen packages each containing 10
yards of 2-inch gauze bandage at Erie, Pa., alleging that the articles had been
shipped in interstate commerce on or about July 3, 1940, by the Handy Pad
Supply Co. from Worcester, Mass.; and charging that they were adulterated
and misbranded. The article was labeled in part: "Surgical Gauze Ban-
dage   *    *    *   Erie Drug Company."
The bandages were alleged to be adulterated in that their purity or quality
fell below that which they purported or were represented to possess, namely,
"Sterilized," in that they were not sterile but were contaminated with viable
micro-organisms. They were alleged to be misbranded in that the following
statements appearing on the cartons were false and misleading as applied
to articles which were not sterile but were contaminated with viable micro-
organisms: "Surgical Gauze Bandage Sterilized After Packaging Prepared
Especially For The Medical Profession * * . * manufactured under most
sanitary conditions, for surgical use.   Sterilized."
On October 15, 1940, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.