117. Misbranding: of first aid kits.    TJ. S. v. 44 First Aid Kits.   Default decree of
condemnation and destruction.    (F. D. C. No. 891.    Sample No. 73029-D.)
This product had been shipped in interstate commerce and was in an inter-
state status at the time of examination, at which time the absorbent cotton in
the kits was found to be contaminated with viable micro-organisms.
On November 8, 1939, the United States attorney for the Northern District
of California filed a libel against 44 first aid kits at San Francisco, Calif.,
alleging that the article had been shipped on or about August 15, 1939, by the
American White Cross Laboratories, Inc., from New Rochelle, N. Y.; and
charging that it was misbranded. It was labeled in part: "All Purpose First
Aid Kits."
Misbranding was alleged in that representations in the labeling that it had
been sterilized after packaging, would afford protection, was an all purpose
first aid kit, was a first aid for emergency treatment of minor injuries, such
as small cuts and burns in drder to prevent infection, together with designs
of a sterilizer and of a nurse and surgeon also appearing in the labeling, were
false and misleading when applied to absorbent cotton which was not sterile
but was contaminated with viable micro-organisms.
On December 21, 1939, no claima'nt having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.