972. Adulteration and misbranding of bandage gauze compresses. U. S. v. 8,499
Packages of Bandage Gauze Compresses. Decree of condemnation. Prod-
uct   ordered   released   under  bond   for   resterilization   and   repackaging.
?      (F. D. C. No. 9005.   Sample No. 31618-F.)
On December 14,1942, the United States attorney for the Southern District of
Ohio filed a libel against 8,499 packages of bandage gauze compresses at Columbus,
Ohio, alleging that the article hrd been shipped in interstate commerce on or about
'October 24, 1942, from Boston, Mass., by A. E. Halperin Co., Inc.; and charging
that it was adulterated and misbranded.
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 to be misbranded in that the statement "sterilized," appearing in
its labeling, was false and misleading since such statement represented and '
suggested that the article was sterile; whereas, it was not sterile but was con-
taminated with viable bacilli and cocci.
On April 16, 1943, A. E. Halperin Co., Inc., claimant, having admitted the
allegations of the libel, judgment of condemnation was entered and the product
was ordered released under bond to be resterilized and repackaged under the
supervision of the Food and Drug Administration.