30400. Adulteration and misbranding of cotton svcab applicators. U. S. v. 31 
Boxes of E-Z Sanitary Cotton Swab Applicators. Default decree of 
condemnation and destruction.    (F. & D. No. 44477.    Sample No. 26469-D.)
This product, which had been shipped in interstate commerce and remained 
unsold and in the original packages at the time of examination, was found to 
be contaminated with viable micro-organisms. It was labeled to indicate that 
it contained a substantial amount of boric acid or other borate, but contained 
but a trace of such borate.
On or about December 6, 1938, the United States attorney for the District 
of Connecticut, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 31 boxes of the
above-named product at Hartford, Conn.; alleging that the article had been 
shipped in interstate commerce on or about August 18, 1938, by Steckler Sales 
Co. from New York, N. Y.; and charging adulteration and misbranding in 
violation of the Food and Drugs Act. The article was labeled: "E-Z Products, 
New York, N. Y."
Adulteration was alleged in that the strength and purity of the article fell 
below the professed standard and quality under which it was sold, namely, 
(carton) "absorbent cotton sterilized," "dipped in boric acid," "sanitary cotton 
swab applicators," (label) "sanitary swab," "boric acid dipped," since the 
article was not sterile but was contaminated and contained but an inconse- 
quential trace of boric acid or other borate.
Misbranding was alleged in that the statements in the labeling, '(carton) 
"absorbent cotton sterilized," "dipped in boric acid," "sanitary cotton swab 
applicators," "recommended by doctors and nurses," (label) "sanitary swab," 
"boric acid dipped," "recommended by physicians," "a household necessity for 
infants, children, or adults," and the designs borne on the label depicting 
application of the article to the lips of an infant and that borne on the carton 
depicting a nurse and a physician using the article in the mouth of a child 
were false and misleading when applied to an article which was not sterile 
and contained but an inconsequential trace of boric acid. It was alleged to be 
misbranded further in that the statement "a household necessity for infants, 
children, or adults" and the designs aforesaid were false and fraudulent in 
that they created the impression that the article might be safely used for 
infants, children, or adults, and that it was safe and appropriate for such uses; 
whereas it could be so used only by incurring danger, and was not safe and 
appropriate because it was not sterile.
On March 6, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.