29789. Adulteration and misbranding of gauze bandage.    TJ.  S.  v.  118 Dozen
Packages   of   Gauze   Bandage.     Default   decree  of   condemnation   and 
destruction.    (F. & D. No. 44237.    Sample No. 34179-D.)
This product having been shipped in interstate commerce and remaining unsold 
and in the original packages, was found at the time of examination to be con- 
taminated with viable micro-organisms.
On October 25, 1938, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 118 dozen packages of gauze band- 
age at Baltimore, Md.; alleging that the article had been shipped on or about 
September 26, 1938, by the Deane Sales Co. from Yonkers, N. Y.; and charging 
adulteration and misbranding in violation of the Food and Drugs Act.
Adulteration was alleged in that the purity of the article fell below the 
professed standard under which it was sold, (carton) "Gauze Bandage Sterilized 
after Packaging," since it was not sterile but was contaminated with viable 
aerobic and anaerobic or facultative anaerobic micro-organisms, including gas- 
producing organisms.
Misbranding was alleged in that the statement on the label, "First Aid Gauze 
Bandage Sterilized after Packaging," was false and misleading when applied 
to an article that was not sterile and was therefore unsuited for use as a first 
aid in the bandaging of wounds.
On November 18, 1938, no claimant having appeared, judgment of condem- 
nation was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.