30952. Adulteration and misbranding of absorbent cotton. U. S. v. 300 Pounds 
and 175 Pounds of Absorbent Cotton. Consent decree of condemna- 
tion. Product released under bond. (F. & D. Nos. 44596, 44597. Sample 
Nos. 41990-D, 41991-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 be 
contaminated with viable micro-organisms.
On December 28, 1939, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the district 
court libels praying seizure and condemnation of two lots consisting of 300 
pounds and 175 pounds, respectively, of absorbent cotton at Atlantic City, N. J.; 
alleging that the article had been shipped by the Acme Cotton Products Co., 
Inc., from Dayville, Conn., the latter lot on or about July 1, 1937, and the 
former on or about April 29, 1938; and charging that it was adulterated and 
misbranded in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that its purity fell below the 
professed standard or quality under which it was sold, (label of portion) 
"Hospital * * * Surgical Absorbent Cotton," (label of remainder) "Nurse 
Brand Hospital Absorbent Cotton Especially Adapted for Hospital Use," since
234567°—40 1 
417
it was not sterile and was not suitable for hospital,  surgical,  or nursing 
purposes.
It was alleged to be misbranded in that the statements quoted above, and the 
design of a nurse on both labels, were false and misleading when applied to, 
an article which was not sterile.
On November 15, 1939, the Acme Cotton Products Co., Inc., having appeared 
as claimant and having admitted the allegations of the libels, and the cases 
having been consolidated, judgment of condemnation was entered, and the 
product was ordered released under bond conditioned that it be disposed 
of for any appropriate purpose other than for medical purposes or for condi- 
tions for which absorbent cotton is usually used.
GROVES B. HILL, Acting Secretary of Agriculture.