27897. Adulteration and misbranding of Deane's Gauze.     IT. S. v. 15 Cartons of
Deane's   Gauze.    Default   decree   of   condemnation   and   destruction.
(F. & D. No. 40040.    Sample No. 38088-C.)
This product was labeled "Gauze Sterilized," but in fact was contaminated 
with viable micro-organisms.
On August 5, 1937, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 15 cartons of Deane's Gauze at 
Newark, N. J., alleging that the article had been shipped in interstate com- 
merce on or about April 2, 1937, by the Deane Plaster Co., from Yonkers, N. Y., 
and charging adulteration and misbranding in violation of the Food and 
Drugs Act.
The article was alleged to be adulterated in that its purity fell below the 
professed standard under which it was sold, namely, "Gauze Sterilized," since 
it was not sterile but was contaminated.
It was alleged to be misbranded in that the statement on the label, "Gauze 
Sterilized," was false and misleading when applied to an article that was not 
sterile.
On September 27, 1937, no claimant having appeared, judgment of condem- 
nation was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.