408. Adulteration and misbranding of gauze bandage.   V. S. v. 20 Gross Packages
of   Gauze  Bandage.     Default  decree   of  condemnation  and   destruction.
(F. D. C. No. 2692.   Sample No. 19028-E.)
This product had been shipped in interstate commerce and was in interstate
commerce at the time of examination, at which time it was found to be con-
taminated with viable micro-organisms. The carton was about 60 percent larger
than was necessary, and the product consisted of pieces of bandage sewed
together and not of a continuous strip as is expected in such a product; the
roll measured less than the declared length.
On August 29, 1940, the United States attorney for the Western District
of Pennsylvania filed a libel against 20 gross packages of Meditex Gauze
Bandage at Pittsburgh, Pa., alleging that the article had been shipped in inter-
state commerce on or about June 24, 1940, by the Meditex Supply Co. from
New York, N. X.; and charging that it was adulterated and misbranded.
The article was alleged to be adulterated in that its purity and quality fell
below that which it purported or was represented to possess, namely, "Gauze
Bandage Sterilized After Packing," since it did not consist of continuous strips
of gauze but of pieces sewed together; and it was not sterile but was con-
taminated with viable micro-organisms.
It was alleged to be misbranded in that the statements on the carton, "Gauze
Bandage," "Sterilized After Packing," and "10 yds.," were false and misleading
as applied to an article which did not consist of continuous strips of gauze,
which was not sterile, and which was not 10 yards long, and the label of which
did not reveal the fact, material in the light of the representation that the
article was gauze bandage 10 yards long, that the bandage did not consist of a
continuous strip but of pieces sewed together. It was alleged to be misbranded
further in that the package failed to bear on its label an accurate statement
of the quantity of the contents in terms of measure; and in that the container
was so made, formed, or filled as to be misleading.
On September 30, 1940, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.
PROPHYLACTICS