30391. Adulteration and misbranding of Absorbal refills.     U. S. v. 19 Packages
of "One Reel Refill Absorbal."    Default cree of condemnation and 
destruction.     (F. & D. No. 44828.    Sample No. 34379-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.
On February 14, 1939, the United States attorney for the District of Colum- 
bia, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 19 packages of Absorbal 
refills at Washington, D. C.; alleging that the article had been shipped on or 
about December 28, 1938, by Edward Girvin from Philadelphia, Pa.; and 
charging adulteration and misbranding in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that its strength fell below the 
professed standard or quality under which it was sold, namely, "sterile" since 
it was not sterile but was contaminated with viable micro-organisms.
It was alleged to be misbranded in that the following statement on the 
package: "Be Sterilized after Packaging," was false and misleading when 
applied to an article that was not sterile but was contaminated with viable 
micro-organisms.
On March 6, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.