30898. Adulteration and misbranding of gauze roller bandages, plain gauze pack- 
ets, and plain gauze cotton-wound applicators. U. S. v. 914 Packages of 
Gauze Roller Bandage (and two other seizure actions against similar 
products).   Default decrees of condemnation and destruction.    (F. & D.
Nos. 38984, 38985, 38986.    Sample Nos. 28001-C, 28002-C, 28003-C.)
These products had been shipped in interstate commerce and remained unsold 
and in the original packages. At the time of examination they were found 
to be contaminated with viable micro-organisms.
On January 25, 1937, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 914 packages of gauze 
roller bandages, 132 packets of gauze, and 64 packets of cotton-wound applicators 
at San Francisco, Calif.; alleging that the articles had been shipped by the 
Mine Safety Appliances Co. from Pittsburgh, Pa., within the period from on or 
about November 22, 1935, to on or about October 14, 1936; and charging adultera- 
tion and misbranding in violation of the-Food and Drugs Act.
The gauze roller bandages were alleged to be adulterated in that their purity 
fell below the professed standard or quality under which they were sold, namely, 
"Sterilized," since they were not sterile but were contaminated with viable micro- 
organisms. They were alleged to be misbranded in that the statements "Ster- 
ilized" and "Safety" and the word "Safety," forming a part of the firm name, 
"Mine Safety Appliances Co.," borne on the labeling, were false and misleading 
when applied to articles that were not sterile.
The gauze packets (2 lots) were alleged to be adulterated in that their purity 
fell below the professed standard or quality under which they were sold, namely, 
"Sterilized" or "Sterile," since they were not sterile but were contaminated with 
viable micro-organisms. They were alleged to be misbranded in that the state- 
ments (one lot) "Gauze Packet * * * Sterilized" (a second lot) "Sterilized," 
and the word "Safety" constituting part of the firm name "Mine Safety Appli- 
ances Co.," borne on the labeling, were false and misleading when applied to 
articles that were not sterile.
The cotton-wound applicators were alleged to be adulterated in that their 
purity fell below the professed standard or quality under which they were sold, 
namely, "Cotton-Wound Applicators * * * Mine Safety Appliances Co.," since 
such labeling is applicable only to sterile articles, and these articles were con- 
taminated with viable micro-organisms. They were alleged to be misbranded 
in that the word "Safety" forming- a part of the firm name, "Mine Safety Appli- 
ances Co.," was false and misleading, since the articles were not safe but were 
contaminated with viable micro-organisms.
On July 1,1939, default decrees of condemnation were entered and the products 
were ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture. ¦