121. Adulteration and misbranding of selvage gauze.    V.  S. v. 8 Packages of
Curity Selvage Gauze.    Default decree of condemnation and destruction.
(F. D. C. No. 749.    Sample No. 73825-D.)
This product had been shipped in interstate commerce and was in interstate
commerce at the time of examination; at that time it was found to be con-
taminated with viable micro-organisms.
On October 17, 1939, the United States attorney for the District of Massa-
chusetts filed a libel against eight packages of Curity Selvage Gauze at Walpole,
Mass., alleging that the article had been shipped in interstate commerce on or?(
about August 4,1939, by Lewis Manufacturing Co. from Chicago, 111.; and charg-
ing 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, namely, "Sterilized," since it was not
sterile but was contaminated wtih viable micro-organisms.
It had been sterilized after packaging, which statement was false and mislead-
ing as applied to an article that was not sterile.
On December 18, 1939, claim and answer having been withdrawn by the
intervenor, Judgment of condemnation was entered and the product was ordered
destroyed.