30798. Adulteration and misbranding of gauze bandage.    J. S. v. 19 Cartons of 
Gauze Bandage.   Default decree of condemnation and destruction.    (F. &
D. No. 45444.   Sample No. 65689-D.)
This product had been shipped in interstate commerce and remained unsold 
and in the original packages. At the time of examination it was found to 
contain viable micro-organisms and molds.
On June 2, 1939, the United States attorney for the Northern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 19 cartons of gauze 
bandage at Atlanta, Ga.; alleging that the article had been shipped on or about 
April 14, 1939, from Yonkers, N. Y., by Deane Sales Co.; and charging adulter- 
ation and misbranding in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that its purity fell below the 
professed standard under which it was sold, namely, "Gauze Bandage Sterilized," 
since it was not sterile but was contaminated with viable micro-organisms.
Misbranding was alleged in that the label statement "Gauze Bandage Steri- 
lized" was false and misleading when applied to an article that was not sterile.
On June 28, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.