29438. Misbranding of gauze bandages.    U. S. v. 46 Dozen Packages of Gauze
Bandages.    Default decree of condemnation and destruction.    (F. & D.
No. 42893.    Sample No. 2T347-D.)
The labeling of this product bore false and misleading representations that 
it was sterile; whereas it was contaminated with viable micro-organisms.
On June 4, 1938, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 45 dozen packages, 1-inch size, and 
12 dozen packages, 2-inch size, of gauze bandage at Denver, Colo., consigned by 
Hampton Manufacturing Co., Inc.; alleging that the article had been shipped 
in interstate commerce on or about March 16, 1938, from Carlstadt, N. J.; 
and charging misbranding in violation of the Food and Drugs Act The article 
was labeled in part: "National Gauze Bandage * * * National Pharmacal 
Company, New York, N. Y."
It was alleged to be misbranded in that the statement on the label in Eng- 
lish, "Has been scientiflcally prepared for surgical use under sanitary manu- 
facturing conditions," and a similar statement in Spanish, were false and 
misleading when applied to an article contaminated with viable micro-organisms.
On July 26, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.