65. Misbranding: of ganze bandage.     TJ. S. v. 31 Dozen, 28 Dozen, and 27 Dozen,
Cartons of Gauze Bandagre.    Default decree of condemnation and destruc-
tion.     (F. D. C. No. 817.    Sample No. 68320-D.)
This product had been shipped in interstate commerce; and at the time of
examination and while in interstate commerce, it was found to be contaminated
with viable micro-organisms. It did not consist of a continuous roll of gauze
but contained pieces of gauze formed into a roll.
On October 26, 1939, the United States attorney for the District of New
Jersey filed a libel against 86 dozen cartons of gauze bandage at Newark,
N. J., alleging that the article had been shipped on or about August 9, 1939,
by the Ross Products Co. from New York, N. Y.; and charging that it was mis-
branded. A portion was labeled in part: "Doctors and Nurses Gauze Bandage."
The remainder was labeled in part: "Physician's and Surgeon's Gauze Bandage
First Aid Products Corp., N. Y."
Misbranding was alleged in that representations in the labeling that the article
was appropriate for the use of doctors and nurses, physicians and surgeons,
and for first aid purposes, together with cuts depicting a nurse on some of the
packages, and a cut depicting a surgeon on other packages, were false and
misleading as applied to an article that was not sterile but was contaminated
with viable micro-organisms. It was alleged to be misbranded further in that-
its labeling failed to reveal a fact which was material in the light of the repre-
sentations made for the article, namely, that the packages did not contain a
continuous roll of gauze but contained pieces of gauze formed into one roll.  u.
On November 21, 1939, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.