234. Adulteration and misbranding: of sanitary cotton swab applicators.    U. S. v.
45 Dozen Packages and 10 Dozen Packages of Sanitary Cotton Swab Ap-
plicators -with Tongue Blades. Default decrees of condemnation and
destruction.    (F. D. C. Nos. 1408, 1416.    Sample Nos. 37509-D, 70160-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. It was labeled to indicate that it contained an appre-
ciable amount of boric acid; whereas it contained but a trace of boric acid.
On January 29 and 30, 1940, the United States attorneys for the Eastern
District of Pennsylvania and the Western District of Missouri filed libels against
10 dozen packages of the above-named product at Bethlehem, Pa., and 45 dozen.
packages of the product at Kansas City, Mo., alleging that it had been "shipped
in interstate commerce on or about August 23 and September 28, 1939, by the
Woltra Co., Inc., from New York, N. Y.; and charging that it was adulterated
and misbranded.
The article was alleged to be adulterated in that its strength differed from
and its quality or purity fell below that which it purported or was represented
to possess since it was represented to have been made from sterilized absorbent
cotton and dipped in boric acid; whereas it was not sterile and it contained an
insignificant amount of boric acid.
It was alleged to be misbranded in that the representations in the labeling
that it was made from sterilized absorbent cotton dipped in boric acid, that it
was a sanitary cotton swab applicator approved and recommended by doctors
and nurses, and that it was borated, were false and misleading as applied to
an article which was .not sterile but was contaminated with viable micro-
organisms and which contained an insignificant amount of boric acid.
On February 27 and March 8, 1940, no claimant having appeared, judgments
of condemnation were entered and the product was ordered destroyed.