61. Adulteration and misbranding of gauze bandage.    TJ. S. v. 49 Dozen Pack
ages* of Gauze Bandage.    Default decree of condemnation and destruction.
(F. D. C. No. 706.    Sample No. 68240-D.)
On October 13, 1939, the United States attorney for the Southern District
of New York filed a libel against 49 dozen packages of gauze bandage at
New York, N. Y., alleging that the article had been shipped on or about
August 18, 1939, by the Handy Pad Supply Co. from Worcester, Mass.; and
charging that it was adulterated and misbranded. It was labeled in part:
"Non-ravel Surgical Gauze Bandage."
It was alleged to be adulterated in that its purity or quality fell below
that which it purported or was represented to possess in that it was repre-
sented to be sterile; whereas it was not sterile but was contaminated with
viable micro-organisms.
It was alleged to be misbranded in that representations appearing in the
labeling that it was surgical gauze bandage which had been sterilized after
packaging, had been prepared especially for the medical profession and care-
fully manufactured under most sanitary conditions for surgical use and was
guaranteed to be satisfactory, were false and misleading.
On December 1, 1939, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.