1025. Adulteration and misbranding of lubricating jelly.    IT. S. v. 2,877 Jars and
3,945 Jars of Lubricating- Jelly.   Consent decree of forfeiture and destruc-
tion.     (F. D. C. Nos. 8245, 8267.    Sample Nos. 5163-F, 5440-F, 29128-F.)
Oa August 27, 1942, the United States attorneys for the Northern Districts of
Georgia and Ohio, filed libels against 2,877 jars and 3,945 jars of lubricating jelly
at Atlanta, Ga., and Toledo, Ohio, respectively, alleging that the article had been
shipped on or about July 15 and August 17, 1912, by the Lambert Pharmacal Co.,
from St. Louis, Mo.; and charging that it was adulterated and misbranded.
The article was alleged to be adulterated in that its purity or quality fell
below that which it purported or was represented to possess, "Sterile."
It was alleged to be misbranded in that the designation "Sterile" was mis-
leadirg since it created the impression that the article was sterile, whereas it was
not sterile but was contaminated with living anaerobic and aerobic spore-bearing
bacteria.
On October 13, 1942, the Lambert Pharmacal Co. having appeared as claimant
for the lot at Toledo, the action was ordered transferred to the Northern District
of Georgia for consolidation with the proceeding against the Atlanta lot. After
the consolidation and in accordance with a stipulation filed by the parties, an
order was entered on October 19, 1942, providing for the removal of the con-
solidated case for trial to the Eastern District of Illinois. On Novetnber 4, 1942,
an answer was filed by the claimant denying that the article was adulterated or
misbranded, and on April 6, 1943, the claimant filed a petition for re-delivery of
the product for the purpose of reprocessing it. On the same date the court
ordered it released under bond, conditioned that it be reprocessed under the
supervision of the Food and Drug Administration. On July 22, 1943, by consent
of the claimant, judgment was entered vacating the order of April 6, 1913, and
providing for the forfeiture and destruction of the product.