1170. Adulteration and misbranding of gauze bandages.    U. S. v. Marsales Co.,
Inc.    Plea of nolo contendere.    Fine, $3,500.     (F. D. C. No. 10634.    Sample
Nos. 6769- T, 6775-F, 37578-F, 37579-F, 45766-F, 45785-F, 45786-F, 45822-F.)
On or about Janoarv 7, 1944, the United States attorney for the District of
Connecticut filed a.i information against the Marsales Co., Inc., Niantic, Conn.,
alleging shipment fro::i the State of Connecticut into the States of Missouri
and Virginia, from on or about October 8, 1942, to April 22, 1943, of quantities
of gauze bandages which were adulterated and misbranded. The article was
labeled in part: "Marco * * * Gauze Bandage," or "Bandage Gauze Roller
Plain."
A portion of the article was alleged to be adulterated in that it purported
to be and was represented as gauze bandage, a drug the name of which is
recognized in an official compendium, the United States Pharmacopoeia, but its
quality or purity fell below the standard set forth therein since the Pharma-
copoeia provides that gauze bandage must be sterile, whereas the article was
not sterile but was contaminated with aerobic and anaerobic gram-positive,
spore-bearing bacilli; and its difference in quality or purity from the standard
set forth in the compendium was not plainly stated on its label. The remainder
of the article was alleged to be adulterated in that its purity or quality fell
below that which it purported and was represented to possess since it pur-
ported to be and was represented as sterile, whereas it was not sterile but was
contaminated with bacilli of the nature described above.
The article was alleged to be misbranded in that the statement "Sterilized,"
borne on the cartons, was false and misleading since the article was not sterile.
On January 17, 1944, the charges in the information of adulteration and mis-
branding were combined in 1 count on each shipment, making a total of 7 counts,
and on the same date the defendant entered a plea of nolo contendere and the
court imposed a fine of $500 on each of the 7 counts.