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in the case of the loganberry and currant jellies; and sugar, added pectin, acid, and water in the case of the raspberry and strawberry jellies had been mixed and packed with the articles so as to reduce or lower their quality; (2) in that mixtures of fruit juices and said substances containing less fruit juice than jellies should contain had been substituted for jellies, which the articles purported to be; (3) and in that the articles had been mixed in a manner whereby inferiority was concealed.

The articles were alleged to be misbranded in that the statement, "Pure Jelly * * Blackberry [or "Loganberry", "Red Raspberry", "Currant", or "Strawberry"]," were false and misleading and tended to deceive and mislead the purchaser when applied to articles resembling jellies but containing less fruit juice than jellies should contain; and in that they were imitations of and were offered for sale under the distinctive names of other articles. On January 18, 1937, no claimant having appeared, judgment of condemna. tion was entered and it was ordered that the products be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27053. Adulteration and misbranding of butter.

U. S. v. 207 Pounds of Butter. (F. & D. no. 38492.

Default decree of condemnation and destruction.
Sample no. 19011-C.)

This butter contained less than 80 percent of milk fat. On or about September 29, 1936, the United States attorney for the District of Montana, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 207 pounds of butter at Billings, Mont., alleging that it had been shipped in interstate commerce on or about August 8, 1936, by John Morrell & Co., from Sioux Falls, S. Dak., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Yorkshire Farm."

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

The article was alleged to be misbranded in that it was labeled "Butter", which was false and misleading since it contained less than 80 percent of milk fat.

On February 5, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27054. Adulteration of apples. U. S. v. 21 Bushels of Apples. Default decree of condemnation and destruction. (F. & D. no. 38509. Sample no. 25822-C.)

These apples were contaminated with arsenic and lead.

On October 19, 1936, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 21 bushels of Jonathan apples at Chicago, Ill., alleging that they had been shipped in interstate commerce on or about October 11, 1936, by L. Cealka from Stevensville, Mich., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "V. A. Mainwaring Hartford, Mich."

It was alleged to be adulterated in that it contained added poisonous and deleterious ingredients, arsenic and lead, in an amount which might have rendered it injurious to health.

On December 29, 1936, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27055. Misbranding of canned peas. U. S. v. 50 Cases of Canned Peas. Default decree of condemnation and destruction. (F. & D. no. 38523. Sample no. 11645-C.)

This product fell below the standard for canned peas established by this Department, since the peas were not immature, and it was not labeled to indicate that it was substandard.

On November 9, 1936, the United States attorney for the District of Massachusetts, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 50 cases of canned peas at Charlestown, Mass., alleging that the article had been shipped in inter

state commerce on or about July 22, 1936, from New Freedom, Pa., by Chas. G.
Summers, Jr., Inc., and charging misbranding in violation of the Food and
Drugs Act as amended. It was labeled in part: "Superfine Brand Early June
Peas *
Chas. G. Summers, Jr., Incorporated Canners, New Freedom,

Pa. Baltimore, Md."

The article was alleged to be misbranded in that it was canned food and fell below the standard of quality and condition promulgated by the Secretary of Agriculture, since the peas were not immature, and its package or label did not bear a plain and conspicuous statement prescribed by the Secretary of Agriculture indicating that it fell below such standard.

On February 8, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27056. Adulteration of apples. U. S. v. 9 Baskets of Apples. condemnation and destruction. (F. & D. no. 38510.

Default decree of Sample no. 15090-C.)

These apples were contaminated with arsenic and lead. On October 10, 1936, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of nine baskets of apples at Chicago, Ill., alleging that the article had been shipped in interstate commerce, on or about October 6, 1936, by Robert Rudin from Freewater, Oreg., and charging adulteration in violation of the Food and Drugs Act. It was labeled in part: "Jake's Best Packed for and Distributed by Rudin Bros. Inc. St. Louis, Mo. Payette, Idaho."

The article was alleged to be adulterated in that it contained added poisonous or deleterious ingredients, arsenic and lead, which might have rendered it harmful to health.

On December 29, 1936, no claimant having appeared, judgment of condemnation was entered, and it was ordered that the product be destroyed.

27057. Adulteration of apples.

W. R. GREGG, Acting Secretary of Agriculture.

U. S. v. 47 Bushels of Apples. Default decree of condemnation and destruction. (F. & D. no. 38541. Sample no. 25649-C.) These apples were contaminated with arsenic and lead.

On or about October 27, 1936, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 47 bushels of apples at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about October 18, 1936, by C. F. Miles from St. Joseph, Mich., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "A Piontek & Son R-1 Benton Harbor, Mich.” It was alleged to be adulterated in that it contained added poisonous and deleterious ingredients, arsenic and lead, which might have rendered it harmful to health.

On December 29, 1936, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed. W. R. GREGG, Acting Secretary of Agriculture.

27058. Adulteration of apples. U. S. v. 159 Crates of Apples. Default decree of condemnation and destruction. (F. & D. no. 38542. Sample no. 25906-C.)

These apples were contaminated with arsenic and lead. On October 30, 1936, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 159 crates of apples at Joliet, Ill., alleging that the article had been shipped in interstate commerce, on or about October 25, 1936, by Albert Berard from Hartford, Mich., and charging adulteration in violation of the Food and Drugs Act.

The article was alleged to be adulterated in that it contained added poisonous and deleterious ingredients, arsenic and lead, which might have rendered it harmful to health.

On December 29, 1936, no claimant having appeared, judgment of condemnation was entered, and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27059. Adulteration and misbranding of tomato paste. U. S. v. 100 Cases of Tomato Paste. Default decree of condemnation and destruction.

D. no. 38552. Sample nos. 2916-C, 2917-C.)

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This product was insufficiently concentrated and contained filth resulting from worm and insect infestation. It was also short weight.

Weight 7 Lbs. 12-oz.

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On November 17, 1936, the United States attorney for the Western District of Washington, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 100 cases of canned tomato paste at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about October 16, 1936, by Parrott & Co. from San Francisco, Calif., and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Buon Gusto Brand Good Taste Purity Concentrato di Pomodoro Packed For Metropolitan Grocery Co. A. Merlino & Sons Seattle, Wash. Net It was alleged to be adulterated in that a tomato product containing less than 22 percent of tomato solids had been substituted wholly or in part for tomato paste, a product which should contain at least 22 percent of tomato solids; and in that it consisted in whole or in part of a filthy vegetable substance. The article was alleged to be misbranded in that the statements, "Concentrate Di Pomodoro * * * Tomato Paste (Concentrato) Net Weight 7 Lbs. 12-Oz.", were false and misleading and tended to deceive and mislead the purchaser, when applied to an article that was insufficiently concentrated for tomato paste and that was short weight. The article was alleged to be misbranded further in that it was offered for sale under the distinctive name of another article, tomato paste, 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.

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On March 25, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27060. Adulteration of canned blueberries. U. S. v. 197 Cases of Blueberries. Default decree of condemnation and destruction. (F. & D. no. 38567. Sample nos. 11668-C, 11677-C.)

This case involved canned blueberries that contained maggots.

On November 23, 1936, the United States attorney for the District of Massachusetts, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 197 cases of canned blueberries at Malden, Mass., alleging that they had been shipped in interstate commerce on or about September 11, 1936, by S. D. & C. C. Cousins, Jr., from Ellsworth, Maine, and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Cousins Maine Blueberries Packed by S. D. & C. C. Cousins Jr. Brooklin, Me."

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

On March 29, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27061. Adulteration and misbranding of raspberry preserve. U. S. v. 37 and 82 Cases of Raspberry Preserve. Decree of condemnation. Product ordered released under bond subject to relabeling. (F. & D. no. 38705. Sample nos. 11673-C, 11675-C.)

This preserve was deficient in fruit and contained excess sugar, excess fruit moisture, and excess ash material.

On November 25, 1936, the United States attorney for the District of Massachusetts, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 119 cases of raspberry preserve at Malden, Mass., alleging that the article had been shipped in Interstate commerce on or about November 5, 1933, by Fresh Grown Preserve Corporation from Brooklyn, N. Y., and charging adulteration and misbranding in violation of the Food and Drugs Act. It was labeled in part: "Nature's Own Brand Pure Raspberry Preserve * Fresh Grown Preserve Corp. Brooklyn, New York."

The article was alleged to be adulterated in that excess sugar, moisture which should have been removed by boiling, and added ash material had been mixed and packed with it so as to reduce or lower its quality; in that a mixture of fruit, sugar, and ash material, containing less fruit and more sugar than preserve, and containing fruit moisture which should have been removed by boiling, had been substituted for preserve, which the article purported to be; and in that it had been mixed in a manner whereby inferiority was concealed.

It was alleged to be misbranded in that the statement "Pure Raspberry Preserve", borne on the label, was false and misleading and tended to deceive and mislead the purchaser when applied to an article resembling a preserve but which contained less fruit than preserve, and in that it was an imitation of and was offered for sale under the distinctive name of another article, namely, preserve.

On January 28, 1937, the Fresh Grown Preserve Corporation having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and it was ordered that the product be released under bond subject to relabeling.

W. R. GREGG, Acting Secretary of Agriculture.

27062. Adulteration of walnuts and walnut meats. U. S. v. 12 Bags of Walnuts
in Shell and 8 Bags of Walnut Meats. Default decree of condemnation
and destruction. F. & D. nos. 38710, 38711. Sample nos. 29318-C,
29319-C.)
These nuts and nut meats were wholly or in part moldy, rancid, and decom-
posed.

On November 25, 1936, the United States attorney for the Western District of Washington, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 12 bags of walnuts in shell and 8 bags of walnut meats at Tacoma, Wash., alleging that they had been shipped in interstate commerce on or about November 19, 1936, by John Marino from Portland, Oreg., and charging adulteration in violation of the Food and Drugs Act.

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

On February 11, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27063. Adulteration of tomato puree. U. S. v. 24 Cases and 177 Cases of Tomato Puree. Default decrces of condemnation and destruction. (F. & D. nos. 38714, 39228. Sample nos. 25713-C, 30418-C.)

A part of this product contained excessive mold and the remainder contained filth resulting from worm infestation.

On November 30, 1936, and March 17, 1937, the United States attorneys for the Northern District of Illinois and the Western District of Missouri, acting upon reports by the Secretary of Agriculture, filed in their respective district court libels praying seizure and condemnation of 24 cases of tomato puree at Chicago, Ill., and 177 cases of tomato puree at Kansas City, Mo., alleging that the article had been shipped in interstate commerce on or about October 21 and October 30, 1936, by the Decatur Packing Corporation from Greensburg, Ind., and charging adulteration in violation of the Food and Drugs Act. A portion was labeled: "Geoghegan's Delicious Tomato Puree Distributed by EdChicago, Illinois." The remainder was labeled: "Golf Club Brand Tomato Puree Green Bros. Mercantile Co. Kansas City, Mo. Distributors."

ward A. Geoghegan

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The article was alleged to be adulterated in that a portion consisted in whole or in part of a decomposed vegetable substance, and the remainder consisted in whole or in part of a filthy vegetable substance.

On January 27 and April 26, 1937, no claimant having appeared, judgments of condemnation were entered and it was ordered that the product be destroyed. W. R. GREGG, Acting Secretary of Agriculture.

27064. Adulteration of tomato ketchup, tomato puree, and tomato juice. U. S. v. 143 Cartons of Tomato Ketchup, et al. Decrees of condemnation and destruction. (F. & D. nos. 38524, 38525, 38566, 38722, 38723, 88762 to 38767, incl. Sample nos. 6081-C, 6082-C, 6083-C, 16183-C, 16185-C, 18289-C to 18292-C, incl., 18294-C, 18395-C, 19296-C, 25716-C to 25721-C, incl.) Samples taken from certain shipments of these products were found to contain excessive mold, those taken from other shipments were found to contain

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filth resulting from worm infestation, and those taken from the remaining shipments contained both excessive mold and filth.

On or about November 14, 1936, the United States attorney for the Eastern District of Michigan, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 18 cases of tomato ketchup and 9 cartons of tomato juice at Detroit, Mich. On or about November 21, November 28, December 2, and December 14, 1936, libels were filed against 325 cartons of tomato ketchup and 1051⁄2 cartons of tomato puree at Pittsburgh, Pa., 34 cases of tomato puree at Atlanta, Ga., 42 cases of tomato catsup at Macon, Ga., and 74 cases of tomato ketchup and 42 cases of tomato puree at Chicago, Ill. The libels alleged that the articles had been shipped in interstate commerce between the dates of September 4 and November 5, 1936, by Hirsch Bros. & Co., Inc., from Louisville, Ky., and that they were adulterated in violation of the Food and Drugs Act. The articles were labeled in part: "Paramount Tomato Ketchup [or "Paramount Oyster Hot Tomato Ketchup", "Paramount Tomato Puree", "Everready Brand Tomato Puree", "Everready Brand Tomato Ketchup", or "Hirsch's Fresh Tomato Juice"] Hirsch Bros. & Co., Incorporated Louisville, Ky. and Pittsburgh, Pa."

The articles were alleged to be adulterated in that portions thereof consisted in whole or in part of a filthy and decomposed vegetable substance and portions consisted in whole or in part of a filthy vegetable substance.

On February 20, March 10, March 11, March 18, and May 6, 1937, Hirsch Bros. & Co., Inc., claimant for the lots seized at Pittsburgh, having consented to their destruction and no claim having been entered in the remaining cases, judgments of condemnation were entered and the products were ordered destroyed.

W. R. Gregg, Acting Secretary of Agriculture.

27065. Adulteration of walnut meats. U. S. v. 56 Cartons of Walnut Meats. Consent decree of condemnation. Product released under bond. (F. & D. no. 38729. Sample no. 28877-C.)

This case involved walnut meats that were in part moldy and worm-eaten. On December 1, 1936, the United States attorney for the Western District of Washington, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 56 cartons of walnut meats at Seattle, Wash., alleging that they had been shipped in interstate commerce on or about October 31, 1936, by the Herman C. Fisher Co., from San Francisco, Calif., charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Shelled California Walnuts * Fisher's Excel Herman C. Fisher Co. San Francisco, Calif."

It was alleged to be adulterated in that it consisted in whole or in part of a filthy and decomposed vegetable substance.

On March 27, 1937, the Herman C. Fisher Co., having appeared as claimant, consent decree of condemnation was entered, and it was ordered that the product be released under bond conditioned that it should not be disposed of in violation of the law.

W. R. GREGG, Acting Secretary of Agriculture.

27066. Adulteration and misbranding of canned cherries. U. S. v. 50 Cases of Canned Cherries. Consent decree of condemnation. Product released under bond for relabeling. (F. & D. no. 38736. Sample no. 19140-C.) This product fell below the standard established by this Department for canned pitted cherries because of excessive pits and deficiency of sugar in the packing medium, and was not labeled to indicate that it was substandard. On December 18, 1936, the United States attorney for the District of Wyoming, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 50 cases of canned cherries at Cheyenne, Wyo., alleging that they had been shipped in interstate commerce on or about September 12 and September 17, 1936, by the Pacific Fruit & Produce Co., from Salt Lake City, Utah, and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Kaysville Brand Red Sour Cherries Pitted Packed by Kaysville Canning Corporation Kaysville, Utah."

It was alleged to be adulterated in that partially pitted red sour cherries had been mixed and packed with it so as to reduce and lower its quality and had been substituted for pitted red sour cherries, which it purported to be.

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