30017. Adulteration and misbranding of Sanitary Twin Tips Borated.    TJ.  S. v.
15 Gross Sanitary Twin Tips Borated.    Default decree of condemnation 
and destruction.    (F. & D. No. 42478.    Sample No. 17365-D.)
This product was represented to be sterile and to contain an appreciable 
amount of boric acid or other borate. It contained, however, but a trace of 
boric acid or other borate and at the time of examination it was contaminated 
with viable micro-organisms. Such a product would be dangerous when used as 
directed in the labeling.
On May 27, 1938, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 15 gross of Sanitary Twin 
Tips Borated at Baltimore, Md.; alleging that -the article had been shipped in 
interstate commerce on or about September 21, 1937, by the Williams Co. from 
New York, N. Y.; and charging adulteration and misbranding in violation of 
the Food and Drugs Act
The article was alleged to be adulterated in that its strength and purity 
fell below the professed standard and quality under which it was sold, namely, 
(carton) "Borated," (leaflet) "Twin-Tips are manufactured from * * * 
sterilized cotton," "Twin-Tips are borated," since the article was not sterile 
but was contaminated with viable micro-organisms, including gas producing 
micro-organisms and molds and contained but an inconsequential trace of boric 
acid or other borate.
It was alleged to be misbranded in that the statements, (carton) "Sani- 
tary * * * Borated," and (leaflet) "Twin-Tips are manufactured from 
* * * sterilized cotton under a process that assures you the most sanitary 
swab obtainable * * * Twin-Tips are * * * borated," were false and 
misleading when applied to an article that was not sanitary and was not the 
most sanitary swab obtainable, but which was contaminated with viable micro- 
organisms and contained but an inconsequential trace of boric acid or other 
borate, and the use of which was dangerous.
On October 25, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product ordered destroyed.
HARRY L. BEOWN, Acting Secretary of Agriculture.