404. Misbranding of first aid kits.     U. S. v. 60 Retail Packages of Sentinel Junior
Ace  First Aid Kits.     Default  decree  of condemnation  and  destruction.
(F. D. C. No. 1934.   Sample No. 5241-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 that the
cotton and gauze bandages in the kits were contaminated with micro-organisms.
All items had been packed in containers which were unnecessarily large, i. e.,
the mercurochrome was contained in an extremely thick-walled bottle; the
absorbent cotton occupied approximately one-half of the available space in
the carton; the gauze bandages occupied approximately 35 percent of the
available space of its carton; and the adhesive plaster occupied approximately
32 percent of the available space of its carton.
On May 14, 1940, the United States attorney for the Southern District of
Indiana filed a libel against 60 retail packages of the above-named product at
Indianapolis, Ind. On August 27, 1940, an amended libel was filed. It was
alleged in the amended libel that the article had been shipped on or about
February 15, 1940, by the McCrory Stores Corporation from New York, N. Y.,
and that it was misbranded.
It was alleged to be misbranded in that the statements on the label, "First
Aid Kit" and "This product was thoroughly sterilized during manufacture
and cleanly packaged, but continued sterility cannot be guaranteed," were
false and misleading when applied to an article that was not sterile but was
contaminated by micro-organisms. It was alleged to be misbranded further
in that the containers were so made, formed, or filled as to be misleading.
On October 18, 1940, no claimant having appeared, judgment of condemnation
was entered and the product was ordered destroyed.