On June 10, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 27442. Adulteration of raisins. M. L. WILSON, Acting Secretary of Agriculture. U. S. v. 185 Cases of Raisins. Default decree of condemnation and destruction. (F. & D. no. 39421. Sample no. 18680-C.) This case involved raisins that were insect-infested. On April 23, 1937, the United States attorney for the Western District of Tennessee, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 185 cases of raisins at Memphis, Tenn., alleging that the article had been shipped in interstate commerce on or about December 8, 1936, by the California Packing Co. [Corporation] from Fresno, Calif., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Regent Brand California Cluster Raisins Packed by Del-Rey Packing Company Del-Rey, California." The article was alleged to be adulterated in that it consisted wholly or in part of a filthy vegetable substance. On July 10, 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. 27443. Adulteration and misbranding of preserves. U. S. v. The W. M. Spencer Sons Co. Plea of guilty. Fine, $120. (F. & D. no. 39440. Sample nos. 5531-C to 5536-C, incl.) These products were represented to be preserves but contained less fruit and more sugar than standard preserves should contain. All lots contained added pectin and acid, and with the exception of one of the two shipments of strawberry preserves, they contained water that should have been boiled off in the process of manufacture. The labels of all lots but one failed to declare the benzoate of soda present in the articles. On April 26, 1937, the United States attorney for the Southern District of Ohio, acting upon a report by the Secretary of Agriculture, filed in the district court an information against the W. M. Spencer Sons Co., Cincinnati, Ohio, charging shipment by said defendant in violation of the Food and Drugs Act on or about June 12, July 15, and July 16, 1936, from the State of Ohio into the State of Kentucky of quantities of preserves which were adulterated and misbranded. Certain lots were labeled in part: "Spencer * * Strawberry [or "Raspberry", "Blackberry", or "Peach"] Preserves." The remaining lots were labeled in part: "Spencer Pure Cherry [or "Strawberry"] Preserves * Manufactured by the W. M. Spencer Sons Co., Cincinnati, Ohio." The articles were alleged to be adulterated in that substances containing sugar, acid, and pectin-and (with the exception of one of the lots of the strawberry variety) water which should have been removed in the process of cooking, had been mixed and packed with the articles so as to reduce and lower their quality as preserves; in that substances containing mixtures of fruit, acid, and pectin, and sugar in a proportion to fruit larger than is contained in preserves, and (with the exception of one lot of strawberry preserve) also containing water which should have been removed in the process of cooking, had been substituted wholly for products which the labels represented the articles to be, namely, preserves; and in that the articles were inferior to preserves and their inferiority was concealed by the mixing and packing as aforesaid. The articles were alleged to be misbranded in that there were borne upon the labels the statements "Strawberry Preserves", "Raspberry Preserves", "Blackberry Preserves", "Peach Preserves", "Cherry Preserves", and "Pure Strawberry Preserves"; that the articles were not preserves; that they were substances containing mixtures of fruit, acid, and pectin, and (with the exception of one lot of the strawberry variety) also containing water which should have been removed in the process of cooking, and sugar in a proportion to fruit larger than is contained in preserves; that said statements were false and misleading; and in that by said statements the articles were labeled so as to deceive and mislead the purchasers; and in that the articles were imitations of preserves and had been offered for sale under the distinctive names of other articles, namely, strawberry, raspberry, blackberry, peach, and cherry preserves. Misbranding was alleged with respect to all lots with the exception of one lot of the strawberry variety for the further reason that the articles contained benzoate of soda, and the labels did not show the presence and amount of benzoate of soda contained therein. On June 3, 1937, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $120. M. W. WILSON, Acting Secretary of Agriculture. 27444. Adulteration of canned beets. U. S. v. 54 Cases of Canned Beets. Default decree of condemnation and destruction. (F. & D. no. 39392. Sample no. 45711-C.) This case involved canned beets that were in part decomposed. On April 17, 1937, the United States attorney for the District of Minnesota, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 54 cases of canned beets at Minneapolis, Minn., alleging that the article had been shipped in interstate commerce on or about April 3, 1937, by the Green Bay Canning Corporation from Green Bay, Wis., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Fort Howard Brand Cut Beets Green Bay Canning Corporation Green Bay Wisconsin." It was alleged to be adulterated in that it consisted wholly or in part of a decomposed vegetable substance. On June 12, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27445. Adulteration of canned beets. U. S. v. 49 Cases of Beets. Default decree of condemnation and destruction. (F. & D. no. 39509. Sample no. 31486-C.) This case involved canned beets that were in part decomposed. On April 28, 1937, the United States attorney for the Southern District of Ohio, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 49 cases of canned beets at Cincinnati, Ohio, consigned on or about March 11,1937, alleging that the article had been shipped in interstate commerce by the Brownsville Canning Co., from Brownsville, Wis., and charging adulteration in violation of the Food and Drugs Act. It was labeled in part: "Dot Dot's Good Whole Beets Distributed By The Janszen Company, Cincinnati, Ohio." The article was alleged to be adulterated in that it consisted in whole or in part of a decomposed vegetable substance. On June 9, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 27446. M. L. WILSON, Acting Secretary of Agriculture. Adulteration of crab meat. U. S. v. 135 1-Pound Cans of Crab Meat. This case involved canned crab meat that contained filth. On April 26, 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 135 pound cans of crab meat at Washington, D. C., alleging that the article had been shipped in interstate commerce on or about April 20 and April 21, 1937, by S. L. Lewis from Brunswick, Ga., and charging adulteration in violation of the Food and Drugs Act. It was alleged to be adulterated in that it consisted in whole or in part of a filthy animal substance. On June 16, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27447. Adulteration and misbranding of canned beets. U. S. v. 17% Cases, 51% Cases, and 256 Cases of Canned Sliced Beets. Default decrees of condemnation and destruction. (F. & D. nos. 39073, 39520. Sample nos. 31722-C, 33640-C.) This product was in part decomposed. On February 12 and April 28, 1937, the United States attorney for the Northern District of Illinois and the Southern District of Ohio, acting upon reports by the Secretary of Agriculture, filed in their respective courts libels praying seizure and condemnation of 68-% cases of canned beets at Chicago, Ill., and 256 cases of canned beets at Cincinnati, Ohio, the former consigned on or about January 8, 1937, and the latter on or about March 11, 1937, alleging that the article had been shipped in interstate commerce by the Mammoth Springs Canning Co., from Sussex, Wis., and charging that it was adulterated and that a portion was also misbranded in violation of the Food and Drugs Act. A portion of the article was labeled: (Cans) "Security Brand Fancy Sliced Beets Packed For Mid-City Wholesale Grocers Chicago, Illinois Aurora, Illinois." The remainder was labeled: "Gladioli Sliced Beets Packed By Mammoth Springs Canning Company." It was alleged to be adulterated in that it consisted wholly or in part of a decomposed vegetable substance. A portion of the article was alleged to be misbranded in that the term "Fancy" was false and misleading and tended to deceive and mislead the purchaser when applied to an article that was decomposed. On April 30 and June 9, 1937, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27448. Adulteration of canned beets. fault decree of destruction. U. S. v. 103 Cases of Canned Beets. De(F. & D. no. 39531. Sample no. 30458-C.) This case involved canned beets that were in part decomposed. On April 29, 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 103 cases of canned beets at Kansas City, Mo., alleged that the article had been shipped in interstate commerce on or about March 23, 1937, by the Germantown Canning Co., from Germantown, Wis., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Cans) "Elegante Brand Fancy Cut Table Beets * Packed by Germantown Canning Co. Germantown, Wis." It was alleged to be adulterated in that it consisted wholly or in part of a decomposed vegetable substance. On June 9, 1937, no claimant having appeared, judgment was entered ordering that the product be destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27449. Misbranding of olive oil. U. S. v. 5 One-gallon Cans, 6 Half-gallon Cans, 14 One-quart Cans; and U. S. v. 13 One-gallon Cans and 20 Half-gallon Cans of Olive Oil. Consent decrees of condemnation. Product released under bond to be relabeled. (F. & D. nos. 39552, 39553. Sample nos. 32887-C, 32889-C.) This case involved olive oil that was short in volume. On May 5 and May 6, 1937, the United States attorney for the District of Oregon, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 58 cans of olive oil in part at Portland, Oreg., and in part at Astoria, Oreg., alleging that the article had been shipped in interstate commerce on or about March 7 and April 1, 1937, by the Lucca Olive Oil Co., from San Francisco, Calif., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Gold Deer Brand Pure Olive Oil Manufactured and Packed by Lucca Olive Oil Co., Lucca, Cal. Contents 1 Gallon [or "Contents 1⁄2 Gallon" or "Contents 1 Quart"]." It was alleged to be misbranded in that the statements, "Contents 1 Gallon", "Contents 2 Gallon", and "Contents 1 Quart", borne on the labels, were false and misleading and tended to deceive and mislead the purchaser when applied to an article that was short in volume; 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 June 2, 1937, the Lucca Olive Oil Co., of Lindsay, Calif., having appeared as claimant and having consented to the entry of decrees, judgments of condemnation were 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. 27450. Misbranding of canned peas. U. S. v. 1,537 Cases of Canned Peas. Con sent decree of condemnation. Product released under bond for relabeling of misbranded portion. (F. & D. no. 89566. Sample no. 42110-C.) A portion of this product was substandard because the peas were not immature, and it was not labeled to indicate that it was substandard. On May 6, 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 1,537 cases of canned peas at Washington, D. C., alleging that the article had been shipped in interstate commerce between the dates of January 5 and January 13, 1937, by the B. F. Shriver Co. from Westminster, Md., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Cans) "Blue Ridge Brand June Peas * The B. F. Shriver Co. Distributors, Westminster, Md. U. S. A.” 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, 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 3, 1937, the B. F. Shriver Co., claimant, having consented to the entry of a decree and the court having found that an examination might disclose that a portion of the product was not misbranded, judgment of condemnation was entered and it was ordered that the product be released under bond conditioned upon the segregation and release of the portion which was not misbranded and the relabeling of the portion (329 cases) which was M. L. WILSON, Acting Secretary of Agriculture. misbranded. 27451. Misbranding of potatoes. U. S. v. 400 Sacks and 300 Sacks of Potatoes. Consent decree of condemnation. Product released under bond to be relabeled. (F. & D. nos. 39569, 39572. Sample nos. 43532-C, 43533-C.) These cases involved potatoes that were below the standard declared on the label. On May 8, 1937, the United States attorney for the Northern District of Illinois, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 700 sacks of potatoes at Chicago, Ill., alleging that they had been shipped in interstate commerce on or about April 27 and May 1, 1937, by Metzger's, Inc., 400 sacks from Keswick, Mich., and 300 sacks from Bates, Mich., and charging misbranding in violation of the Food and Drugs Act. The article was labeled in part: "U. S. 1 Good Luck Michigan Potatoes." The article was alleged to be misbranded in that the statement "U. S. 1" was false and misleading and tended to deceive and mislead the purchaser when applied to potatoes that were below U. S. Grade No. 1. On May 11, 1937, Metzger's, Inc., claimant, having admitted the allegations of the libels and having consented to the entry of a decree, a consolidated judgment of condemnation was entered and the product was ordered released under bond to be relabeled under the supervision of this Department. M. L. WILSON, Acting Secretary of Agriculture. 27452. Misbranding of potatoes. U. S. v. 350 Sacks of Potatoes. Consent decree of condemnation. Product released under bond to be relabeled. (F. & D. no. 39573. Sample no. 43534-C.) These potatoes were below the standard declared on the label because of excessive defects. On May 7, 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 350 sacks of potatoes at Chicago, Ill., alleging that they had been shipped in interstate commerce on or about May 3, 1937, by Herman Hartwig from Peshtigo, Wis., and charging misbranding in violation of the Food and Drugs Act. The article was labeled in part: "U. S. One Leader Quality Wisconsin Potatoes Shipped By Herman Hartwig Peshtigo Wisconsin." It was alleged to be misbranded in that the statement "U. S. One" was false and misleading and tended to deceive and mislead the purchaser when applied to potatoes that were below U. S. grade No. 1. On May 11, 1937, Christ Hansen & Co. Chicago, Ill., claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond to be relabeled under the supervision of this Department. M. L. WILSON, Acting Secretary of Agriculture. 27453. Adulteration and misbranding of Frute-Ade. U. S. v. 624 Dozen Bottles, Assorted Flavors, of Frute-Ade. Default decree of condemnation and destruction. (F. & D. no. 39575. Sample nos. 35070-C to 35076-C, incl.) These products were labeled to convey the impression that they derived their fruit characteristics from fruit juices. Examination showed that they consisted essentially of acid solutions and artificial colors; and that the grape, strawberry, cherry, and raspberry varieties contained artificial flavors. All products were short in volume. On May 8, 1937, the United States attorney for the Eastern District of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 624 dozen bottles of assorted flavors of Frute-Ade at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about April 17, 1937, by the Atlantic Food Packing Co., from Trenton, N. J., and charging adulteration and misbranding in violation of the Food and Drugs Act. All varieties were labeled in part: "22 Fl. Ozs. Frute-Ade Atlantic Food Packing Co. Trenton, N. J." The labels of the grape, strawberry, cherry, raspberry, and lemon varieties bore the statement, "Certified Color, flavor and fruit acid added"; and those of the "Pure Lemon Lime" and "Pure Orange" bore the statement "Certified Color and fruit acid added." * * The articles were alleged to be adulterated in that mixtures of acid solutions and artificial colors, the grape, strawberry, cherry, and raspberry varieties containing artificial flavors and little or no juices of the fruits named, had been substituted for Frute-Ade, a beverage which derives its fruit characteristics from fruit juices, which the articles purported to be. All flavors of the articles were alleged to be misbranded in that the statements "Frute-Ade" and "21⁄2 Fl. Ozs.", borne on the labels, were false and misleading and tended to deceive and mislead the purchaser when applied to articles containing acid solutions and artificial colors, and which were short volume. The grape, strawberry, cherry, and raspberry varieties only were alleged to be misbranded further in that the statements, "Grape Flavor", "Strawberry Flavor", "Cherry Flavor", and "Raspberry Flavor", were false and misleading and tended to deceive and mislead the purchaser when applied to articles containing artificial flavors with little or no juices of the fruits named on the labels. On June 9, 1937, no claimant having appeared, judgment of condemnation was entered and the products were ordered destroyed. M. L. WILSON, Acting Secretary of Agriculture. 27454. Adulteration of crab meat. U. S. v. 92 and 85 1-pound Cans of Crab Meat (and 9 other seizure actions). Default decrees of condemnation and destruction. (F. & D. nos. 39579, 39584, 39633, 39634, 39668, 39882, 39913 to 39916 incl. Sample nos. 34644-C to 34647-C, incl., 42123-C, 43457-C, 43515-C, 43519-C to 43522-C, incl.) These cases involved crab meat that contained filth. On May 7, 1937, the United States attorney for the District of Maryland, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 177 pound cans of crab meat at Baltimore, Md. On May 8, 10, 17, and June 18 and 25, 1937, libels were filed against 129 additional 1-pound cans of crab meat at Baltimore, Md., and one box and four barrels, each containing a number of cans, and 337 pound cans of crab meat at Washington, D. C. The libels alleged that the article had been shipped in interstate commerce between the date of May 4 and June 21, 1937, by the Des' Allemands Sea Food Co., from Allemands, La., and that it was adulterated in violation of the Food and Drugs Act. Portions of the article were labeled: (Tag) "From Des' Allemands Sea Food Co. Allemands Louisiana." It was alleged to be adulterated in that it consisted in whole or in part of a filthy animal substance. On June 9, 16, 18, August 4, and September 7 and 16, 1937, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. M. L. WILSON, Acting Secretary of Agriculture. 28021-37 |