238. Adulteration and misbranding of gauze bandage.    TJ. S. v. 9% Gross Retail
Packages of Gauze Bandage. Default decree of condemnation and order
of destruction.     (F. D. C. 2193.     Sample No. 2766-E.)
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.
One June 12, 1940, the United States attorney for the District of Rhode
Island filed a libel against 9? gross of gauze bandage at Providence, R. I.,
alleging that the article had been shipped in interstate commerce on or about
May 20, 1940, by the Hanover Sales Co. from Boston, Mass.; and charging
that it was adulterated and misbranded. The article was labeled in part:
"Fabco Self^Adhering Gauze Bandage * * ? * First Aid Bandage Co.,
Leominster, Mass.'.'
The article was alleged to be adulterated in that its purity or quality fell
below that which it purported, or was represented to possess, namely, "ster-
ilized." It was alleged to be misbranded in that the representations in the
labeling that it had been sterilized after packing; that after packaging "it
had been subjected to a sterilization process whereby the effectively sealed?,
packages   had   been   subjected   to   the   action   of   steam   heat   sufficient   to?(
raise the interior of the package to a temperature of 240? F.: and that such
temperature had been steadily maintained as a minimum for a period of 30'
minutes, were false and misleading as applied to an article which was not;
sterile but was contaminated with viable micro-organisms.
On August 27, 1940, no claimant having appeared, judgment of condemnation'
was entered and the product was ordered destroyed.