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packed with them so as to reduce or lower their quality; and in that mixtures of fruit juices, sugar, and pectin, containing added acid in the crab apple and plum varieties-said mixtures containing less fruit juice and more sugar than jellies-had been substituted for jellies, which the articles purported to be. The articles were alleged to be adulterated further in that they had been mixed in a manner whereby inferiority was concealed.

They were alleged to be misbranded in that the statements, "Pure Raspberry [or "Pure Crabapple", "Pure Blackberry", or "Pure Plum",] Jelly", were false and misleading and tended to deceive and mislead the purchaser when applied to articles resembling jellies but which were not jellies; and in that they were imitations of and were offered for sale under the distinctive names of other articles, namely, jellies.

On April 26, 1937, no claimant having appeared, judginent of condemnation was entered and the products were ordered destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

-27428. Adulteration and misbranding of tomato paste. U. S. v. 47, 58, and 265 Cases of Canned Tomato Paste. Default decrees of condemnation and destruction. (F. & D. nos. 39238, 39283, 39369. Sample nos. 20586-C, 27017-C, 27610-C.)

This product was deficient in tomato solids and contained excessive mold. On or about March 22, March 31, and April 14, 1937, the United States attorney for the District of Connecticut, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 370 cases of canned tomato paste in various lots at Manchester, Meriden, and Waterbury, Conn., alleging that the article had been shipped in interstate commerce between the dates of October 2, 1936, and February 18, 1937, by the Canandaigua Juice Co. from Canandaigua, N. Y., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: (Can) "Sole Brand Salsa di Pomidoro Packed by Canandaigua Juice Co. Candandaigua, N. Y. * Paste."

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Tomato

The article was alleged to be adulterated in that an insufficiently concentrated tomato product had been substituted wholly or in part for tomato paste, which it purported to be; and in that it consisted in whole or in part of a filthy and decomposed vegetable substance.

It was alleged to be misbranded in that it was offered for sale under the distinctive name of another article, tomato paste; and in that the statements, "Salsa di Pomidoro" and "Tomato Paste", were false and misleading and tended to deceive and mislead the purchaser when applied to an article that was insufficiently concentrated for tomato paste.

On June 14, 1937, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

27429. Adulteration of canned apple sauce. U. S. v. 900 Cases of Apple Sauce. Consent decree of condemnation and forfeiture. Product released under bond for salvaging. (F. & D. no. 39276. Sample no. 25575-C.)

This product was in part decomposed.

On or about March 29, 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 a libel praying seizure and condemnation of 900 cases of apple sauce at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about January 22, 1937, by the National Fruit Product Co. Inc., from Winchester, Va., and charging adulteration in violation of the Food and Drugs Act. It was labeled in part: (Cans) "Marshall Seal Apple Sauce Distributed by Marshall Food Products Co. Marshalltown, Iowa." The article was alleged to be adulterated in that it consisted in whole or in part of a decomposed vegetable substance.

On May 27, 1937, the National Fruit Product Co., Inc., claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of condemnation was entered and it was ordered that the product be released under bond for salvaging the good portion.

M. L. WILSON, Acting Secretary of Agriculture.

27430. Adulteration and misbranding of tomato catsup. U. S. v. 148 Cases and 49 Cases of Tomato Catsup (and three other seizure actions). Default decrees of destruction. (F. & D. nos. 39298 to 39302, incl. Sample nos. 34508-C, 34509-C.)

This product contained filth resulting from worm infestation and was short weight.

On or about April 2, 1937, the United States attorney for the Northern District of Florida, acting upon a report by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 344% cases of tomato catsup at Pensacola, Fla., alleging that it had been shipped in interstate commerce on or about October 15, 1936, by the San Carlos Canning Co., from Los Angeles, Calif., and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. A portion of the article was labeled: "Topco Brand Tomato Catsup Net Contents 6 lb. 12 Oz. Packed by Tomato Packing Corporation, Harbor City California." The remainder was labeled: "Fairplay Brand Net Weight 6 Lbs. 12 Oz. or 3.06 Kilograms Tomato Catsup * Parrott & Co. San Francisco, California."

It was alleged to be adulterated 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, "Net Contents 6 Lb. 12 Oz." with respect to the Topco brand, and "Net Contents 6 Lbs. 12 Oz. or 3.06 Kilograms" with respect to the Fairplay brand, were false and misleading and deceived and misled the purchaser; 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.

On June 28, 1937, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

27431. Adulteration and misbranding of tomato puree. U. S. v. 215 Cases of Tomato Puree. Decree of condemnation. Product released under bond

to be relabeled. (F. & D. no. 39314. Sample no. 34515-C.)

This product contained a smaller amount of tomato solids than tomato puree should contain.

On or about April 2, 1937, the United States attorney for the Northern District of Florida, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of, among other goods, 215 cases of tomato puree at Pensacola, Fla., alleging that it had been shipped in interstate commerce on or about June 27, 1936, by Angelo Glorioso from New Orleans, La., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Eagle Brand Tomato Puree * * * Packed by A. Glorioso New Orleans, La."

It was alleged to be adulterated in that an insufficiently concentrated tomato product had been substituted for tomato puree.

The article was alleged to be misbranded in that the statement on the label, "Tomato Puree", was false and misleading and deceived and mislead the purchaser; and in that it was offered for sale under the distinctive name of another article.

On April 26, 1937, Angelo Glorioso having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond conditioned that it be relabeled under the supervision of this Department.

M. L. WILSON, Acting Secretary of Agriculture.

27432. Adulteration of tomato puree. U. S. v. 98 Cases of Tomato Puree. Default decree of condemnation and destruction. (F. & D. no. 39324. Sample no. 18890-C.)

This product contained filth resulting from worm infestation. On April 3, 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 a libel praying seizure and condemnation of 98 cases of tomato puree at Cape Girardeau, Mo., alleging that it had been shipped in interstate commerce on or about October 19, 1936, by the Decatur Packing Corporation, from Greensburg, Ind., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Red and White Brand Tomato Puree Red and White Corp'n, Distributors, Chicago, Ill."

28021-37-3

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

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

M. L. WILSON, Acting Secretary of Agriculture.

27433. Adulteration of canned salmon. U. S. v. 34 Cases of Canned Salmon. Decree of condemnation. Product released under bond for segregation and destruction of decomposed portion. (F. & D. no. 39325. Sample no. 34542-C.)

This canned salmon was in part decomposed.

On April 3, 1937, the United States attorney for the Middle District of Alabama, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 34 cases of canned salmon at Montgomery, Ala., alleging that it had been shipped in interstate commerce on or about February 12, 1937, by the Pacific American Fisheries, Inc., from Bellingham, Wash., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Cans) "Pennant Brand Alaska Red Sockeye Salmon Packed by Northwestern Fisheries Co. Seattle."

It was alleged to be adulterated in that it consisted wholly or in part of a decomposed animal substance.

On June 25, 1937, the Pacific American Fisheries, Inc., having appeared as claimant, judgment of condemnation was entered and it was ordered that the product be released under bond for segregation and destruction of the decomposed portion and relabeling of the good portion as "Reprocessed."

M. L. WILSON, Acting Secretary of Agriculture.

27434. Adulteration of tomato and celery juice. U. S. v. 50 Cartons and 700 Cases of Tomato and Celery Juice. Default decrees of condemnation and destruction. (F. & D. nos. 39347, 39406. Sample nos. 10179-C, 31154-C.) This product was undergoing a form of chemical decomposition. On April 20, 1937, the United States attorney for the Southern District of California, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 50 cartons of tomato and celery juice at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce in part on or about October 4, 23, and 24, 1935, by Blake & Co., from Layton, Utah, and in part on or about November 7, 1935, by the Perry Canning Co., from Perry, Utah, for the account of Blake & Co., and charging adulteration in violation of the Food and Drugs Act. On May 21, 1937, a libel was filed in the District of Colorado against 700 cases of celery and tomato juice at Denver, Colo., consigned by Blake & Co., alleging that the article had been shipped in interstate commerce on or about October 31, 1935, and charging adulteration in violation of the Food and Drugs Act. It was labeled in part: "Celto Brand Tomato and Celery Juice Packed for Blake & Blackinton, Ogden, Utah."

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

On May 27 and July 15, 1937, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

27435. Adulteration of sugar-rolled dates.

U. S. v. 542 Cases of Sugar-Rolled

Dates. Default decree of condemnation and destruction. (F. & D. no. 39362. Sample no. 31987-C.)

This product was insect-infested and moldy.

On or about April 10, 1937, the United States attorney for the District of Columbia, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 542 cases of sugarrolled dates at Washington, D. C., alleging that the article had been shipped in interstate commerce on or about February 4 and 5, 1937, by Capitol Brands, Inc., from New York, N. Y., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Sugar Rolled Dates Capitol Brands, Inc., Long Island City, N. Y."

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

On June 16, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

27436. Adulteration of frozen fish (whitings). Fish. Default decree of destruction. 41449-C, 41463-C.)

This product was in part decomposed.

U. S. v. 600 Cases of Frozen (F. & D. no. 39379. Sample nos.

On April 14, 1937, the United States attorney for the Western District of Missouri, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of C00 cases of frozen fish at Kansas City, Mo., alleging that the article had been shipped in interstate commerce on or about March 18, 1937, by the Slade Gorton Co. from Chicago, Ill., and charging adulteration in violation of the Food and Drugs Act.

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

On May 18, 1937, no claimant having appeared, judgment was entered ordering that the product be destroyed.

M. L. WILSON. Acting Secretary of Agriculture.

37437. Adulteration of tomato paste. U. S. v. 24 Cases of Canned Tomato Paste. Default decree of condemnation and destruction. (F. & D. no. 39383. Sample no. 29801-C.)

This case involved canned tomato paste that contained excessive mold. On April 15, 1937, the United States attorney for the Western District of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 24 cases of tomato paste at Washington, Pa., alleging that the article had been shipped in interstate commerce on or about March 18, 1937, by Lawtons Canning Co., Inc., from Lawtons, N. Y., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Cans) "Lawtons Club Tomato Paste * * * Packed by Lawtons Canning Co. Inc. Lawtons, N. Y."

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

On June 11, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

27438. Adulteration and misbranding of frozen egg yolks. U. S. v. 79 Cans of "S Yolks” and 89 Cans of "Yolks." Consent decrce of condemnation. Product released under bond. (F. & D. nos. 39389, 39390. Sample nos. 35632-C, 35633-C, 35649-C, 35650-C.)

This product contained varying amounts of egg white. The containers failed to bear a statement of the quantity of the contents.

On or about April 19, 1937, the United States attorney for the Northern District of California, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 168 cans of frozen egg yolks at San Francisco, Calif., alleging that the article had been shipped in interstate commerce on or about January 14, 1937, by the Northwest Poultry & Dairy Products Co. from Portland, Oreg., and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. A portion of the article was labeled "S Yolks" and the remainder was labeled "Yolks."

A portion of the article was alleged to be adulterated in that a mixture of egg yolks, egg white, and added sugar had been substituted wholly or in part for sugared egg yolks, which the article purported to be; and the remainder was alleged to be adulterated in that a mixture of egg yolks, egg white, and sugar had been substituted wholly or in part for egg yolks, which the article purported to be.

It was alleged to be misbranded in that the terms "S Yolks" and "Yolks" were false and misleading and tended to deceive and mislead the purchaser when applied to an article containing egg yolks, egg white, and sugar. It was alleged to be misbranded further in that it was food in package form and the quantity of contents was not plainly and conspicuously marked on the outside of the package.

On April 28, 1937, the California Poultry Co., claimant, having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond conditioned that it be relabeled to show its true nature and the quantity of the contents.

M. L. WILSON, Acting Secretary of Agriculture.

27439. Adulteration of herring.

of condemnation and
19612-C.)

U. S. v. 20 Boxes of Herring. Default decree destruction. (F. & D. no. 39391. Sample no.

This product was infested with worms.

On April 16, 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 20 boxes of herring at Green Bay, Wis., alleging that the article had been shipped in interstate commerce on or about February 23, 1937, by L. Isaacson & Stein from Chicago, Ill., and charging adulteration in violation of the Food and Drugs Act. It was labeled in part: "From L. Isaacson & Stein * * * Chicago, Ill."

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

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

M. L. WILSON, Acting Secretary of Agriculture.

27440. Misbranding of canned peas. U. S. v. 60 Cases and 851 Cases of Canned Peas. Decrees of condemnation. Portion of product released under bond conditioned that it be relabeled. Remainder ordered destroyed. (F. & D. nos. 39394, 39862. Sample nos. 8066-C, 20616-C.)

This product was substandard because the peas were not immature, and it was not labeled to indicate that it was substandard.

On April 22 and June 15, 1937, the United States attorneys for the Districts of Connecticut and Maryland, acting upon reports by the Secretary of Agriculture, filed in their respective district courts libels praying seizure and condemnation of 60 cases of canned peas at Manchester, Conn., and 851 cases of canned peas at Baltimore, Md., alleging that the article had been shipped in interstate commerce in various shipments on or about July 17 and August 14, 1936, and May 17, 1937, by A. Krasne, Inc., from New York, N. Y., and charging misbranding in violation of the Food and Drugs Act as amended. A portion of the article was labeled: (Cans) "Union Jack Early June Peas * Calvert Canning Co. Baltimore, Md., Distributors." The remainder was la* * ** Early June Peas * beled: "Imperial Brand * Lord-Mott Co.

Baltimore, Md. U. S. A. Distributors."

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-more than 25 percent being ruptured; 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 June 14, 1937, no claimant having appeared for the product seized at Manchester, Conn., judgment of condemnation was entered and it was ordered destroyed. On June 18, 1937, a claim having been entered for the product seized at Baltimore, Md., judgment of condemnation was entered. The decree provided that the product might be released under bond conditioned that it be relabeled.

M. L. WILSON, Acting Secretary of Agriculture.

27441. Misbranding of canned peas. U. S. v. 40 Cases of Canned Peas. Default decree of condemnation and destruction. (F. & D. no. 39395. Sample no. 20615-C.)

This product was substandard because the peas were not immature, and it was not labeled to indicate that it was substandard.

On or about April 22, 1937, 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 40 cases of canned peas at Manchester, Conn., alleging that they had been shipped in interstate commerce on or about July 23, 1936, by Krasne Bros., from New York, N. Y., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Cans) "Ma-Son Early June Peas Stevenson-Mairs Co. Distributors Baltimore, Md."

It 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, more than 25 percent being ruptured 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.

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