30007. Adulteration and misbranding of gauze bandage.    TJ. S. v. 10 Gross of
Gauze   Bandage.     Default   decree   of   condemnation   and   destruction.
(F. & D. Nos. 44502, 44503.   Sample Nos. 42073-D, 42074-D.)
This product, which- had been shipped in interstate commerce and remained 
unsold and in the original packages at the time of examination, was found to 
be contaminated with viable micro-organisms. It was labeled to indicate that it 
was sterile and was safe and appropriate for use in conditions requiring the 
use of sterile bandages.
On December 13, 1938, the United States attorney for the Eastern District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 10 gross of gauze 
bandages at Philadelphia, Pa.; alleging that the article had been shipped in 
interstate commerce on or about September 16, 1938, by Dermay, Inc., from 
New York, 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 or quality under which it was sold, namely, (carton of 
portion) "Doctors and Nurses Sterile Gauze Bandage," (carton of remainder) 
"Physicians and Surgeons Gauze Bandage," which statements created the im- 
pression that the article was sterile and was safe and appropriate for use in 
conditions requiring sterility; whereas it was not sterile and was not safe and 
appropriate for such use because it was contaminated with viable micro- 
organisms.
It was alleged to be misbranded in that the following statements in the 
labeling were false and misleading when applied to an article that was not 
sterile: (Carton of portion) "Doctors and Nurses Sterile Gauze Bandage * * * 
Sterile Gauze Bandage" and design showing nurse in white uniform (carton 
of remainder) "Physicians and Surgeons Gauze Bandage," together with design 
of a surgeon in white uniform.
On January 3, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HAEET L. BROWN, Acting Secretary of Agriculture.