60. Adulteration and misbranding of compress bandages.    U. S. v. 100 Cartons
of Compress Bandages.     Default decree of condemnation and destruction.
(F. D. C. Nos. 593, 594.    Sample Nos. 63137-D, 63138-D.)
On or about September 13, 1939, the United States attorney for the Southern
District of Texas, filed a libel against 100 cartons of compress bandages at
Houston, Tex., alleging that the article had been shipped on or about August 11,
12, and 19, 1939, by the Mine Safety Appliance Co. from Pittsburgh, Pa.; and
charging that it was adulterated and misbranded.
Adulteration was alleged in that the purity and quality of the article fell
below that which it purported or was represented to possess, in that its labeling
represented that it had been sterilized after packaging; whereas it was not
sterile but was contaminated with viable micro-organisms.
Misbranding was alleged in that representations in the labeling that it had
been sterilized after packaging, that the wound should be covered by gauze pad
and bound, that the wound or pad
- should not be touched with the hands, that the
compress should be placed directly over the wound, that the surface of compress
to go on the wound should not be touched, were false and misleading in that
they created the impression that the article was sterile and was suitable for
use directly upon wounds; whereas it was not sterile and was not suitable for
use directly upon wounds.
On October 14, 1939, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.