868. Adulteration and misbranding: of sutures.    U. S. v. 1,092 Sutures.   Default
decree of condemnation and destruction.    (F. D. C. No. 7398.    Sample No.
84939-E.)
Examination of this product showed it to be contaminated with viable spore-
. bearing bacteria.
On April 27, 1942, the United States attorney for the Eastern District of New
York filed a libel against 1,092 sutures at Brooklyn, N. Y., alleging that the article
had been shipped in interstate commerce on or about March 23, 1942, by W. J.
Prendergast Co. from Chicago, HI.; and charging that it was adulterated and
misbranded. The article was labeled in part "Davis Sutures Surgical Gut
U.S. P.    *   *    *   Davis Sutures Inc. Chicago."
The article was alleged to be adulterated in that it purported to be and was
represented as a drug, surgical gut, the name of which is recognized in the United
States Pharmacopoeia, and its quality and purity fell below the standard set forth
in that compendium since the article was not sterile.
It was alleged to be misbranded in that the two statements, (carton) "Surgical
Gut U. S. P.," and (leaflet) "Davis Sutures are guaranteed sterile, and to remain
sterile until tubes are opened," were false and misleading since the article did not
and the sutures were not sterile.
On August 14,1942, no claimant having appeared, judgment of condemnation was
entered and the product was ordered destroyed.