1039. Adulteration and misbranding' ot silk sutures. U. S. v. 7,200 Packages and
7,200 Packages of Silk Sutures. Decrees of condemnation. Portion of
product ordered released under bond for reprocessing and relabeling,
and remainder ordered destroyed. (F. D. C. Nos. 9255, 9396. Sample Nos.
6509-F, 32823-F.)
Each package of these sutures contained 3 smaller packages labeled in part:
"Size 00," "Size 1," or "Size 2." The "Size 2" sutures were contaminated with
living micro-organisms.
On January 27 and February 19, 1943, the United States attorneys. for the
Eastern District of Missouri and the Northern District of New York filed libels
against 7,200 packages of silk sutures at St. Louis, Mo., and 7,200 packages
at Binghamton, N. Y., alleging that the article had been shipped in interstate
commerce on or about December 17 and 28, 1942, by the Gudebrod Brothers
Silk Co., Inc., from Pottstown, Pa.; and charging that it was adulterated and
misbranded. The article was labeled in part: "Sizes 00-1-2 Two 18" Strands
of Each Sterile    *    *    *   Braided Silk Sutures."
The "Size 2" sutures were alleged to be adulterated in that they purported
to be and were represented as a drug the name of which is recognized in the
United States Pharmacopoeia, an official compendium, but their quality and
purity fell below the standard set forth therein since the sutures did not meet
the test for sterility of solids as required by that compendium.
They were alleged to be miebranded in that the statement on the label,
"Sterile," was false and misleading.
On April 13, 1943, the Gudebrod Brothers Co., Inc., having appeared as claim-
ant for the lot at St. Louis, and having consented to the entry of a decree,
judgment of condemnation was entered and that lot was ordered released under
bond for reprocessing and relabeling under the supervision of the Food and
Drug Administration. On May 4, 1943, no claimant having appeared for the
lot at Binghamton, judgment of condemnation was entered and the lot was
ordered destroyed.
DRUGS ACTIONABLE BECAUSE OF FALSE AND MISLEADING CLAIMS*
DRUGS FOR HUMAN USE