799. Adulteration and misbranding of gauze bandage. IT. S. v. 179 Dozen Retail
Packages of Gauze Bandage (and 3 other seizure actions against gauze
bandage). Portion of product ordered released under bond to be re-
sterilized; remainder ordered destroyed. (F. D. C. Nos. 7467, 7897, 8075,
8420.    Sample Nos. 78914-E, 78915-E, 92536-E, 7250-F, 28507-F.)
All shipments of this product were contaminated with viable micro-organ-
isms ; and the cartons in one shipment were unnecessarily large.
On May 6, July 14, August 10, and September 24, 1942, the United States
attorneys for the Southern District of California, Western District of Penn-
sylvania, Northern District of Georgia, and the District of Minnesota filed
libels against the following quantities of gauze bandage-179 dozen packages
at Los Angeles, Caljf.; 48? gross packages at Pittsburgh, Pa.; 153 dozen pack-
ages at Atlanta, Gaf; and 21 dozen packages at Minneapolis, Minn., alleging
that the article had been shipped in interstate commerce on or about March
18, 20, and 25, May 1, and August 11, 1942, by Gotham Sales Co., Inc., from
New York, N. T.; and charging that it was adulterated and misbranded. It
was labeled in part: "Gauze Bandage * * * Distributed by Gotham Sales
Co. N. Y. C.  [or "Distributors Chatham Sundries Co. New York NY"]!"
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, "Sterilized."
It was alleged in substance to be misbranded in that the statements (cartons
in all shipments) "Sterilized after packaging," .and (cartons of portions located
at Los Angeles and Pittsburgh) "Designed to perfectly meet first aid require-
ments," were false and misleading as applied to an article that was contaminated
with viable micro-organisms. A portion (seized at Minneapolis) was alleged
to be misbranded further in that its container was so made, formed, and filled
as to be misleading.
On May 26 and December 10, 1942, and January 22, 1943, no claimant having
appeared for the seizures at Los Angeles, Minneapolis, and Atlanta, decrees
were entered ordering that those at Los Angeles and Minneapolis be destroyed
and that the portion of the product seized at Atlanta be sold after having been
sterilized under the supervision of the Food and Drug Administration. On
September 24, 1942, Gotham Sales Co., Inc., having admitted the allegations
of the libel filed in Pennsylvania, judgment of condemnation was entered and
the portion of the product seized at Pittsburgh was ordered released unde? bond
conditioned that it be resterilized under the supervision of the Food and Drug
Administration.