80789. Misbranding of Absorbal Dental Absorbents and Absorbal refills. U. S. 
v. 3 Boxes of Absorbal and 72 Packages of Absorbal Refills. Default 
decrees of condemnation and destruction. (F. & D. Nos. 45396, 45397. 
Sample Nos. 48641-D, 48642-D.)
These products had been shipped in interstate commerce and remained unsold 
and in the original unbroken packages. At the time of examination they were 
found to be contaminated with viable micro-organisms.
On May 22, 1939, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of three boxes of Absorbal Dental 
Absorbents and 72 packages of Absorbal refills at St. Paul, Minn.; alleging that 
the articles had been shipped on or about April 28, 1939, by Edward Girvin, 
D. D. S., from Philadelphia, Pa.; and charging misbranding in violation of the 
Food and Drugs Act. The articles were labeled, respectively: "Absorbal * * * 
Gauze Covered Cellucotton * * * The Perfect Dental Absorbent," and "One 
Reel Refill Absorbal."
The articles were alleged to be misbranded in that the following statements 
were false and misleading when applied to dental absorbents which were not 
sterile but which were contaminated with viable micro-organisms, including 
gas-producing anaerobes: (Absorbal) "The Perfect Dental Absorbent * * * 
Blue Nurse Products"; refills) "Re Sterilized after packaging."
On July 13, 1939, no claimant having appeared, judgments of condemnation 
were entered and the products were ordered destroyed.
HABBT D. BROWN, Acting Secretary of Agriculture.