233. Misbranding of absorbent cotton.    TJ. S. v. 600 Dozen Packages and 300
Dozen Packages of Absorbent Cotton. Consent decree of condemnation.
Product released under bond conditioned tbat cotton be sterilized and
packages destroyed.    (F. D. C. Nos. 588, 589.    Sample Nos. 67868-D, 67869-D.)
This product had been shipped in interstate commerce and was in interstate
commerce at the time of examination, at which time it was found to contain
viable micro-organisms.   The cartons were materially larger than necessary.
On September 14, 1939, the United States attorney for the Southern Dis-
trict of New York filed a libel against 900 packages of absorbent cotton at
New York, N. Y., alleging that the article had been shipped in interstate
commerce on or about August 17, 1939, by Acme Cotton Products Co. from
Dayville, Conn.; and charging that it was misbranded. It was labeled in
part: "Acme Sterilized High Grade Surgical Absorbent Cotton"; or "Merital
Cotton."
The Acme brand was alleged to be misbranded in that the representations
in the labeling that it was sterilized, high-grade surgical absorbent cotton,
that it was used extensively by practicing physicians, that for home use
it might be relied upon for first-aid, sickroom, and nursery purposes, and
that exceptional care had been used in its manufacture, were false and mis-
leading as applied to a product which was not sterile or high grade and
was not suitable for the purposes for which it was represented in said
statements.
The Merital brand was alleged to be misbranded in that the statements
on the label, "Merital Cotton Contents Three Ounces" and "Made by the Acme
Cotton Products Co. Inc., New York, N. Q.," were false and misleading in that
they failed to reveal the fact that the contents of the packages were not sterile,
but were contaminated with viable micro-organisms, which fact was material
with respect to the consequences which might result from the use of the
article to which the labeling related under such conditions of use as are
customary or usual.
Both brands were alleged to be misbranded further in that their con-
tainers were so made, formed, or filled as to be misleading.
On April 19, 1940, the Acme Cotton Products Co., Inc., claimant, having
admitted the allegations of the libel, judgment of condemnation was entered
and the product was ordered released under bond on condition that the cartons
be destroyed and the cotton sterilized.