1033. Adulteration and misbranding of gauze bandages and first aid, treated
strips, and misbranding of Tip Top gauze and Chatham bandage. U. S.
v. 0% Gross Packages and 162 Dozen Boxes of Gauze Bandages, 48
Cartons of First-Aid Treated Strips, 1,983 Dozen Packages of Tip Top
Gauze, and 176 Dozen Packages of Chatham Bandage. Decrees of con-
demnation. Tip Top Gauze, Chatham Bandage, and a portion of the
gauze bandages ordered released under bond for sterilization; first aid,
treated strips and remainder of gauze bandages ordered destroyed.
(F. D. C. Nos. 8008, 9065, 9074, 9816. Sample Nos. 553-F, 5845-F, 5846-F,
21666-F, 21701-F.)
On July 28 and December 24, 1942, and January 5 and April 19, 1943, the
United States attorneys for the Northern District of Illinois, and the Western
Districts of Tennessee and Pennsylvania filed libels against 48 cartons, each
containing 36 envelopes, of first aid, treated strips at Chicago, 111., 1,983 dozen
packages of Tip Top gauze and 176 dozen packages of Chatham bandage at
Memphis, Tenn., and 6? gross packages and 162 dozen boxes of gauze bandages
at Pittsburgh, Pa., alleging that the artciles had been shipped within the period
from on or about June 26, 1942, to March 10, 1943, by the Gotham Sales Co.,
Inc., from New York, N. Y.; and charging that they were misbranded and
that the first aid, treated strips and the gauze bandages were also adulterated.
The articles were labeled in part: "Sani+Cross Waterproof First Aid Treated
Strips * * * Distributed by Gero Products. Boston, Mass.," "Tip Top Gauze
Bandage," "Chatham Bandage [or "Gauze Bandage"] * * * Distributors
Chatham Sundries Co. New York, N. Y.," or "R112 Gauze Bandage."
The first aid, treated strips were alleged to be adulterated in that they
purported to be and were represented as an article, adhesive absorbent gauze,
described in the United States Pharmacopoeia, an official compendium, but the
article differed from the standard set forth in that compendium since it failed
to meet the requirements of the sterility test for solids.
They were alleged to be misbranded in that the statements appearing on their
label, "Sani+Cross First Aid Treated Strips Wash Wound with an Antiseptic-
Remove Crinoline and Apply Gauze Pad to the Wound," were false and misleading
since these statements represented and suggested that the strips were a safe,
sanitary, and appropriate bandage for first aid use on minor cuts, wounds, and
abrasions, whereas they were not a safe, sanitary, and appropriate bandage for
such use because they were contaminated with living bacteria. They were alleged
to be misbranded further in that they were in package form and their label failed
to bear a statement of the quantity of the contents.
A portion of the gauze bandages (6? gross packages) was alleged to be adul-
terated 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 therein since it was not sterile but was contaminated
with viable micro-organisms. The remainder of the gauze bandages was alleged
to be adulterated in that its purity and quality fell below that which it purported
and was represented to possess, "Sterilized."
The gauze bandages, Tip Top gauze, and Chatham bandage, were alleged to be
misbranded in that the statements appearing in their labeling, "Sterilized After
Packaging," and the additional statement in the labeling of the 162 boxes of
gauze bandagas, "Designed to Perfectly Meet First Aid Requirements," were
misleading since they created the impression that the articles were sterile, whereas
they were not sterile but were contaminated with viable micro-organisms.
On September 24,1942, and March 13,1943, the Gotham Sales Co., Inc., claimant,
having admitted the allegations of the libels against the Tip Top gauze, Chatham
bandage, and a portion of the gauze bandages (162 dozen boxes), judgments of
condemnation were entered and the products were ordered released under bond
for sterilization. On March 1 and June 8, 1943, no claimant having appeared
for the other products seized, judgments of condemnation were entered and it
was ordered that they be destroyed.