538* Adulteration and alleged misbranding of absorbent cotton. U. S. v. 48
Dozen Packages of Absorbent Cotton. Decree of condemnation. Product
ordered released under bond for reconditioning. (F. D. C. No. 3823. Sample
No. 43856-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.
On February 17, 1941, the United States attorney for the District of Kansas
filed a libel against 48 dozen packages, each containing 3 ounces, of absorbent
cotton at Wichita, Kans., alleging that the article had been shipped in interstate
commerce on or about December 21, 1940, by the Acme Cotton Products Co. from
Dayville, Conn.; and charging that it was adulterated and misbranded. It was
labeled in part: "Bonita Absorbent Cotton."
The article was alleged to be adulterated in that it purported to be and was
represented as a drug the name of which is recognized in an official compendium
but its quality and purity fell below the standard set forth in that compendium
since it was not sterile; whereas the United States Pharmacopoeia requires that
the article be sterile.
It was alleged to be misbranded in that statements appearing on the carton.,
"Sterilized After Packaging" and "For Surgical and Sanitary Uses," were false
and misleading as applied to an article which was not sterile but was contaminated
with viable aerobic and anaerobic or facultative anaerobic micro-organisms.
On April 26, 1941, the Acme Cotton Products Co., Inc., New York, N. Y., having
filed a claim, judgment was entered finding the product adulterated and ordering
its condemnation, and it was ordered further that the product be released under
bond conditioned that it be brought into compliance with the law under the super-
vision of the Food and Drug Administration.