120. Adulteration and misbranding of Pro-Tex Adhesive Bandage.     U. S. v. 86
Dozen Packages of Pro-Tex Adhesive Gauze Bandage. Default decree
of condemnation and destruction. (E\ D. C. No. 1288. Sample No.
83361-D.)
This product had been shipped in interstate commerce and was in an inter-
state status when examined, and at that time it was found to be contaminated
with viable micro-organisms.
On January 6, 1940, the United States attorney for the District of Idaho filed
a libel against 36 dozen packages of Pro-Tex Adhesive Gauze Bandage at Wal-
lace, Idaho, alleging that the article had been shipped on or about November
22, 1937, by the Pro-Tex Laboratories from Xelm, Wash. { and charging that it
was adulterated and misbranded.
Adulteration was alleged in that its purity or quality fell below that which
It purported or was represented to possess since its labeling indicated that it
was sterile, whereas it was not sterile.
It was alleged to be misbranded in that representations in the labeling that
it would afford protection, was safe, sanitary, was unconditionally guaranteed;
that it should be applied directly over the wound "if no sterile gauze is avail-
able" ; that it was made by processing pure sterilized gauze; that it had been
sterilized in the process of manufacture; that it would permit air to circulate
about the wound, thus permitting nature to aid in the healing process; that
it was used extensively by hospitals and every branch of the medical pro-
fession, including physicians and surgeons and veterinarians; that it was
effective for home use and would protect cuts and abrasions; that it was guar-
anteed for 1 year from the date of purchase, together with a picture of a foot
with a bandage Illustrating how it might be used for protecting heel blisters,
were false and misleading when applied to an article which was not sterile
but was contaminated with viable micro-organisms.
On January 31, 1940, no claimant having appeared, judgment of condemna-
tion was entered and the product was ordered destroyed.