The articles were alleged to be adulterated in that substances, 1. e., sugar in the case of the damson plum and a portion of the raspberry, sugar and acid in the case of the blackberry and the remainder of the raspberry, and sugar, acid, and pectin in the case of the cherry, had been mixed and packed with the articles so as to reduce or lower their quality; in that the aforesaid mixtures containing less fruit and more sugar than jams should contain had been substituted for jams, which the articles purported to be and in that the articles had been mixed in a manner whereby their inferiority had been concealed. The articles were alleged to be misbranded in that the statements "Pure ... Raspberry [or "Blackberry", "Damson Plum", or "Cherry"] Jam", borne on the labels, were false and misleading and tended to deceive and mislead the purchaser when applied to articles resembling jams but which were Lot jams; and in that they were imitations of and were offered for sale under the distinctive names of other articles, namely, jams. The damson plum jam was alleged to be misbranded further in that the statement "6 Oz. Net", borne on the jar top, was false and misleading and tended to deceive and mislead the purchaser when applied to an article in jars containing 1 pound; and in that it was food in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package, since the statement made was not correct.

On March 16, 1937, no claimant having appeared, Judgments of condemnation were entered and it was ordered that the products be destroyed.

H. A. WALLACE, Secretary of Agriculture.

27201. Adulteration of canned shrimp. U. S. v. 300 Cases of Canned Shrimp (and four other seizure actions). Decrees of condemnation entered. Product in certain shipments released under bond for segregation and destruction of decomposed portions. Product in remaining shipments ordered destroyed. (F. & D. nos. 38367, 38368, 38369, 38476, 38511. Sample nos. 7151-C, 7744-C, 15840-C.)

This product was in part decomposed.

On September 29, 1936, the United States attorney for the District of Massachusetts, acting upon a report by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 500 cases of canned shrimp at Boston, Mass., and 200 cases of canned shrimp at New Bedford, Mass. On October 1, November 5, and November 7, 1936, libels were filed against 300 cases of canned shrimp at Providence, R. I., 5 cases of the product at Roanoke, Va., and 7 cases at Rocky Mount, N. C. The libels alleged that the article had been shipped in interstate commerce in various shipments on or about August 7, September 2, and September 9, 1936, by the Deer Island Fish & Oyster Co., from Bayou Labatre, Ala., and that it was adulterated in violation of the Food and Drugs Act. A portion of the article was labeled, "Gulf's Best Brand Shrimp * Packed by Deer Island Fish and Oyster Co., Bayou Labatre, Ala., Biloxi, Miss."; the remainder was labeled, "S. G. Brand Wet Shrimp * Distributors Standard Grocery Company Boston Providence D. C. & H. Co., New Bedford."

It was alleged to be adulterated in that it consisted in whole or in part of decomposed animal substances.

On March 31 and April 12, 1937, no claimant having appeared for the lots seized at Roanoke, Va., and Rocky Mount, N. C., judgments of condemnation were entered and said lots were ordered destroyed. On April 21 and 23, 1937, the Deer Island Fish & Oyster Co., having filed a claim for the lots seized at Providence, R. I., Boston, Mass., and New Bedford, Mass., and having admitted the allegations of the libels, judgments of condemnation were entered and the product was ordered released under bond conditioned that the decomposed portion be segregated and destroyed.

H. A. WALLACE, Secretary of Agriculture.

27292. Misbranding of tomato paste and peeled tomatoes. U. S. v. 133 Cases of Canned Tomato Paste, and 200 Cases and 467 Cases of Canned Peeled Tomatoes. Consent decree of forfeiture. Product released under bond to be relabeled. (F. & D. nos. 38415, 38416. Sample nos. 4178-C, 4179-C.)

This case involved tomato paste and peeled tomatoes of domestic origin that bore labels and designs to indicate that they were of foreign origin.

On October 16, 1936, the United States attorney for the Eastern District of New York, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 133 cases of canned

22725-37-2

tomato paste and 667 cases of canned peeled tomatoes at Brooklyn, N. Y., alleging that the articles had been shipped in interstate commerce on or about September 18, 1936, by the Riverbank Canning Co., from Stockton, Calif., and charging misbranding in violation of the Food and Drugs Act. The articles were labeled in part: (Cans) "Bortolo Brand Tomato Paste [or "Bortolo Brand Italian Style Peeled tomatoes"] Packed expressly for Bortolo Ben

*

din Inc. Wallabout Market Brooklyn N. Y."

They were alleged to be misbranded in that the Italian national colors (red, white, and green) and the design of pear-shaped tomatoes characteristic of those imported from Italy, borne on the labels, in the absence of any statement of foreign origin, were false and misleading and tended to deceive and mislead the purchaser into believing that the articles were of foreign origin; whereas they were not of foreign origin.

On January 7, 1937, Bortolo Bendin, Inc., claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of forfeiture was entered and it was ordered that the product be released under bond to be relabeled.

H. A. WALLACE, Secretary of Agriculture.

27293. Adulteration of salmon. U. S. v. 11,610 Cases of Canned Salmon (and 10 other seizure actions). Consolidated consent decree of condemnation. Portion of product released under bond. Balance exonerated and ordered released unconditionally. (F. & D. nos. 38474, 38475, 38481, 38482, 38483, 38510, 38517, 38526, 38528, 38707, 38712. Sample nos. 22263-C, 22269-C, 22282-C, 22283-C, 22291-C, 23706-C, 23715-C, 23716-C, 23720-C, 29239-C, 29243-C, 29258-C, 29279-C, 29280-C, 29293-C, 32376-C, 32379-C, 32388-C, 32389-C.)

These cases involved canned salmon that was in whole or in part decomposed. On October 29 and 30 and November 4, 9, 10, and 25, 1936, the United States attorney for the Western District of Washington, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 29,258 cases and 11,686 cartons of salmon at Seattle, Wash., alleging that the article had been shipped in interstate commerce between the dates of August 14 and September 11, 1936, by the Ocean Packing Co. from Klawock, Alaska, and charging adulteration in violation of the Food and Drugs Act. A portion of the article was labeled: "North Bay Brand Pink Salmon * Distributed by Wesco Foods Company Cincinnati, Ohio."

The remainder was unlabeled.

The article was alleged to be adulterated in that it consisted in whole or in part of a decomposed animal substance.

On May 11, 1937, the Ocean Packing Co. and the Wesco Foods Co., claimants for respective portions of the article, having admitted the allegations of the libels insofar as they concerned certain portions of the article and having consented to the entry of a decree, a consolidated judgment was entered finding portions of the product adulterated and ordering that it be condemned and released under bond conditioned that it should not be disposed of in violation of the Food and Drugs Act. The remainder of the product was adjudged unadulterated and was ordered released unconditionally. On May 19, 1937, the portion of the product belonging to the Wesco Foods Co. which was required by the decree of May 11, 1937, to be reconditioned having been sold to Carl Rubenstein, a supplemental decree was entered condemning said goods and permitting their release to Carl Rubenstein under the same conditions as set forth in the original decree.

H. A. WALLACE, Secretary of Agriculture.

Fine, $25

27294. Adulteration of butter. U. S. v. Bert Brice Nash, Fritz Ortman, and Charlie H. Gallagher (Salt City Creamery). Plea of guilty. and costs. (F. & D. no. 38633. Sample no. 14102-C.) This case involved butter that was deficient in milk fat. On March 12, 1937, the United States attorney for the Western District of Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Bert Brice Nash, Fritz Ortman, and Charlie H. Gallagher, copartners trading as Salt City Creamery, Oklahoma City, Okla., charging shipment by said defendants in violation of the Food and Drugs Act, on or about September 1, 1936, from the State of Oklahoma into the State of Illinois of a quantity of butter that was adulterated.

The article was alleged to be adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter, a

product which should contain not less than 80 percent by weight of milk fat as prescribed by the act of Congress of March 4, 1923, which the article purported to be.

On May 19, 1937, a plea of guilty was entered on behalf of the defendants and the court imposed a fine of $25 and costs.

H. A. WALLACE, Secretary of Agriculture.

27295. Adulteration of tomato puree. U. S. v. William E. Everitt and Frank H. Everitt (Everitt Packing Co.). Plea of guilty. Fine, $50. (F. & D. no. 38684. Sample no. 21495-Č.)

Samples of this product were found to contain insect fragments and mold. On April 9, 1937, the United States attorney for the Southern District of Indiana, acting upon a report by the Secretary of Agriculture, filed in the district court an information against William E. Everitt and Frank H. Everitt, trading as the Everitt Packing Co., at Underwood, Ind., alleging shipment by said company in violation of the Food and Drugs Act on or about August 5, 1936, from the State of Indiana into the State of Missouri of a quantity of tomato puree that was adulterated. The article was labeled in part: "Deluxe Brand Tomato Puree * Packed Especially for Lowell-Krekeler Grocer Co. St. Louis, Mo." It was alleged to be adulterated in that it consisted in whole or in part of a filthy and decomposed vegetable substance.

On April 21, 1937, a plea of guilty was entered on behalf of the defendants, and the court entered judgment imposing a fine of $50 against said defendants. H. A. WALLACE, Secretary of Agriculture.

27296. Adulteration and misbranding of cream of tartar. U. S. v. Max Heller (Exeller Chemical Co.). Plea of guilty. Fine, $50. (F. & D. no. 38594. Sample no. 72311-B.)

This product was represented to conform to the standard laid down in the United States Pharmacopoeia but fell below such standard and its own standard was not declared.

On April 1, 1937, the United States attorney for the Eastern District of New York, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Max Heller trading as the Exeller Chemical Co., at Brooklyn, N. Y., alleging shipment by said company in violation of the Food and Drugs Act on or about November 5, 1935, from the State of New York into the State of New Jersey of a quantity of cream of tartar that was adulterated and misbranded. The article was labeled in part: "Exeller Brand Cream of Tartar Pure U. S. P. Exeller Chemical Co. Brooklyn, N. Y."

It was alleged to be adulterated in that it was sold under and by a name recognized in the United States Pharmacopoeia, and differed from the standard of strength, quality, and purity as determined by the test laid down in said pharmacopoeia official at the time of investigation since when dried to constant weight at 100° C., it contained less than 99.5 percent, namely, not more than 90.7 percent of potassium bitartrate, whereas the pharmacopoeia provides that potassium bitartrate, i. e., cream of tartar, when dried to constant weight at 100° C., shall contain not less than 99.5 percent of potassium bitartrate; and its own standard of strength, quality, and purity was not declared on the container. The article was alleged to be misbranded in that the statement "Cream of Tartar * * U. S. P.", borne on the cans, was false and misleading since it represented that the article was cream of tartar that conformed to the standard laid down in the United States Pharmacopoeia; whereas it was not cream of tartar which conformed to said standard.

On April 23, 1937, the defendant entered a plea of guilty and the court imposed a fine of $50. H. A. WALLACE, Secretary of Agriculture.

27297. Adulteration of butter. U. S. v. Producers Creamery Co. Plea guilty. Fine, $1 and costs. (F. & D. no. 38601. Sample no. 14524-C.) This case involved butter that was deficient in milk fat.

of

On January 23, 1937, the United States attorney for the Eastern District of Missouri, acting upon a report by the Secretary of Agriculture, filed in the district court an information against the Producers Creamery Co., a corporation, Kirksville, Mo., alleging shipment by said company in violation of the Food and Drugs Act on or about August 21, 1936, from the State of Missouri into the State of Illinois of a quantity of butter that was adulterated.

The article was alleged to be adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter, a product which should contain not less than 80 percent by weight of milk fat, as prescribed by the act of Congress of March 4, 1923, which the article purported to be.

On May 24, 1937, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $1 and costs.

H. A. WALLACE, Secretary of Agriculture.

27298. Adulteration of butter. U. S. v. Steensland Oil & Produce Co. Plea of guilty. Fine, $25. (F. & D. no. 38672. Sample no. 9504-C.)

This case involved butter that was deficient in milk fat.

On April 28, 1937, the United States attorney for the District of South Dakota, acting upon a report by the Secretary of Agriculture, filed in the district court an information against the Steensland Oil & Produce Co., a corporation, Beresford, S. Dak., alleging shipment by said company in violation of the Food and Drugs Act on or about October 29, 1936, from the State of South Dakota into the State of New York of a quantity of butter that was adulterated.

The article was alleged to be adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter, a product which should contain not less than 80 percent by weight of milk fat, as prescribed by the act of March 4, 1923, which the article purported to be. On May 7, 1937, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $25.

H. A. WALLACE, Secretary of Agriculture.

27299. Misbranding of Vitality Hog Balancer. U. S. v. Vitality Mills, Inc. Plea of guilty. Fine, $25 and costs. (F. & D. no. 38686. Sample no. 2601-C.) This product contained less protein than declared on the label. It contained no potassium iodide and no cane molasses-two ingredients which were declared— and did contain cottonseed hulls that were not declared.

On May 5, 1937, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Vitality Mills, Inc., Chicago, Ill., alleging shipment by said company in violation of the Food and Drugs Act on or about August 17, 1936, from the State of Illinois into the State of Wisconsin of a quantity of feed that was misbranded. It was labeled: "Vitality 40% Hog Balancer Guaranteed Analysis Protein 40% Manufactured by Vitality Mills, Inc., Chicago, Ill."

* * *

The article was alleged to be misbranded in that the statements, "Protein 40%" and "Ingredients Digester Tankage, Fish Meal, Soybean Oil Meal, Cottonseed Meal, Linseed Oil Meal, Alfalfa Meal, Flour Middlings, Cane Molasses, Bone Meal, Potassium Iodide, 2% Calcium Carbonate (from Limestone) 1% Salt", borne on the tag attached to the sacks containing the article, were false and misleading and in that it was labeled as aforesaid so as to deceive and mislead the purchaser since said statement represented that it contained 40 percent of protein and consisted wholly of digester tankage, fish meal, soybean-oil meal, cottonseed meal, linseed meal, alfalfa meal, flour middlings, cane molasses, bone meal, potassium iodide, calcium carbonate, and salt; whereas it contained less than 40 percent, namely, not more than 34.93 percent of protein, it contained no potassium iodide and no cane molasses, and did contain cottonseed hulls. On June 8, 1937, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $25 and costs.

H. A. WALLACE, Secretary of Agriculture.

27300. Adulteration and misbranding of raisins. U. S. v. 497 Boxes, et al., of Raisins. Consent decrees of condemnation. Product released under bond for destruction of bad portion and relabeling of short-weight portion. (F. & D. nos. 38690, 38691. Sample nos. 10630-C, 15922-C, 15923-C, 15924-C, 15926-C.)

These cases involved raisins that were in part worm- and insect-infested, and a portion of which were short in weight.

On November 23, 1936, the United States attorney for the Southern District of Florida, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 497 boxes and 945 cases of raisins at Jacksonville, Fla., alleging that they had been shipped in interstate commerce on or about October 12 and October 13, 1936, by Guggen

hime & Co., from San Francisco, Calif., and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. Portions of the article were labeled: (Boxes) "Fuchsia Brand [or "Mission Brand"] Guggenhime & Company." The remainder was labeled: (Packages) "Net Weight 15 Ozs. Aft-R Din-R Brand Cluster Raisins Guggenhime & Company."

The article was alleged to be adulterated in that it consisted in whole or in part of a filthy vegetable substance.

A portion of the article was alleged to be misbranded in that the statement "Net Weight 15 Ozs." was false and misleading and tended to deceive and mislead the purchaser when applied to an article that was short in weight; and in that it was food in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package since the quantity stated was not correct.

On December 9, 1936, Guggenhime & Co., claimant, having admitted the allegations of the libels and having consented to the entry of decrees, judgments of condemnation were entered and it was ordered that the product be released under bond, conditioned that the bad portion be destroyed and the short-weight portion be relabeled. On February 23, 1937, the decrees were amended to permit the claimant to return the product to the initial point of shipment in order that the conditions of the release be there carried out.

H. A. WALLACE, Secretary of Agriculture.

27301. Adulteration of dried figs. U. S. v. 99 Cases of Dried Figs. Default decree of condemnation and destruction. (F. & D. no. 38843. Sample no. 10659-C.)

This case involved dried figs that were insect-infested.

On December 21, 1936, the United States attorney for the Eastern District of Virginia, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 99 cases of dried figs at Petersburg, Va., alleging that the article had been shipped in interstate commerce on or about December 4, 1936, by the Del-Rey Packing Co. from Stockton, Calif., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Bonner Brand California Figs Packed by Bonner Packing Co. Fresno, Cal."

The article was alleged to be adulterated in that it consisted in whole or in part of a filthy vegetable substance.

On May 22, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

H. A. WALLACE, Secretary of Agriculture.

27302. Adulteration and misbranding of preserves.

U. S. v. 8 Cases of Raspberry Preserves and 15 Cases of Blackberry Preserves. Default decree of condemnation and destruction. (F. & D. no. 38887. Sample nos. 25267-C, 25268-C.)

These products contained less fruit and more sugar than preserves should contain. Both contained added pectin and the raspberry variety also contained added acid and excess moisture.

On January 5, 1937, the United States attorney for the Eastern District of Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 23 cases of preserves at Milwaukee, Wis., alleging that they had been shipped in interstate commerce on or about October 15 and September 1, 1936, by the Abnate Coffee Corporation, from Chicago, Ill., and charging adulteration and misbranding in violation of the Food and Drugs Act. The articles were labeled in part: "Century Brand Pure Raspberry [or "Blackberry"] Preserves Distributed by Century Coffee Co. Milwaukee, Wis."

The articles were alleged to be adulterated in that sugar and pectin in the case of the blackberry variety, and sugar, acid, pectin, and water, which should have been removed by boiling, in the case of the raspberry, had been mixed and packed with them so as to reduce or lower their quality; in that mixtures of fruit, sugar, and pectin in the case of the former and fruit, sugar, acid, pectin, and water in the case of the latter, containing less fruit and more sugar than preserves should contain, had been substituted for preserves, which the articles purported to be; and in that the articles had been mixed in a manner whereby their inferiority had been concealed.