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an information against the Lamar Alfalfa Milling Co., Lamar, Colo., alleging shipment by said company in violation of the Food and Drugs Act, on or about October 23, 1936, from the State of Colorado into the State of Kansas of a quantity of alfalfa leaf meal which was misbranded. The article was labeled in part: (Tag) "Alfalfa Leaf Meal The Lamar Alfalfa Milling Company Lamar, Colorado."

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The article was alleged to be misbranded in that the following statements, "Guaranteed Analysis Protein not less than 20.0 Per Cent, Fat not less than 2.5 Per Cent, Fibre not more than 20.0 Per Cent Nitrogen Free Extract, not less than 40.0 Per cent," borne on the tag, were false and misleading and were borne on the tag so as to deceive and mislead the purchaser, since the article contained less than 20 percent, namely, not more than 17.56 percent of protein; less than 2.5 percent, namely, not more than 2.2 percent of fat; more than 20 percent, namely, not less than 21.88 percent of fiber; and less than 40 percent, namely, not more than 38.12 percent of nitrogen-free extract.

On July 16, 1937, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $200.

27673. Misbranding of butter.

M. L. WILSON, Acting Secretary of Agriculture.

U. S. v. Armour & Co. Plea of guilty. Fine, $500. (F. & D. No. 39484. Sample Nos. 29348-C, 29388-C.)

This product was short weight.

On May 18, 1937, the United States attorney for the District of Oregon, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Armour & Co., a corporation having a place of business at Portland, Oreg., alleging shipment by said company on or about December 11, 1936, and January 29, 1937, from the State of Oregon into the State of Washington of quantities of butter that was misbranded in violation of the Food and Drugs Act as amended. The article was labeled in part: (Wrappers) "Goldendale Creamery Butter Distributed by Armour Creameries 1 lb. net

weight."

It was alleged to be misbranded in that the statement "1 lb. net weight" was false and misleading and was borne on the wrapper so as to deceive and mislead the purchaser since the wrappers contained less than 1 pound net 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.

On June 16, 1937, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $500.

M. L. WILSON, Acting Secretary of Agriculture.

27674. Adulteration of prunes. U. S. v. 10 Boxes of Prunes. condemnation and destruction. (F. & D. No. 39519.

Default decree of Sample No. 14588-C.)

This product was insect-infested. On April 30, 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 10 boxes of prunes at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about April 14, 1937, by the McLain Grocery Co. from Massillon, Ohio, and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Richmond Brand Santa Clara Prunes. L. Redblatt Chicago, Ill."

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

On June 7, 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.

27675. Adulteration of frozen herring. U. S. v. 1,701 Cartons of Frozen Herring. Product released under bond to be denatured. (F. & D. No. 39561. Sample No. 41809-C.)

This product was infested with parasitic worms.

On April 19, 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 1,701 cartons of frozen herring at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about December 1, 1936, by Lake Superior Fisheries from Hancock, Mich., and charging adulteration in violation of the Food and Drugs Act.

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FOOD AND DRUGS ACT

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

On July 21, 1937, Otto Rossman, trading as Lake Superior Fisheries, 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 conditioned that it be denatured.

27676. Adulteration of oranges.

M. L. WILSON, Acting Secretary of Agriculture.

U. S. v. 240 Cases of Oranges.
(F. & D. No. 39362.

Default decree
Sample No.

of condemnation and destruction. 41817-C). This product was in whole or in part decomposed and damaged by drying. On April 22, 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 240 cases of oranges at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about April 10, 1937, by Cherokee Citrus Co., Inc., from Highland, Calif., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Box) "Picardy Brand Cherokee Citrus Company Inc. Office Highland, Calif."

It was alleged to be adulterated in that it consisted in whole or in part of a decomposed vegetable substance; in that citrus fruit damaged by drying had been substituted wholly or in part for edible citrus fruit, which the article purported to be; and in that a valuable constituent, juice, had been wholly or in part abstracted.

On June 7, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

U. S. v. 6 Default decree of condemnation and 27677. Adulteration and misbranding of lemon cocktail fruit mixer. Cartons of Cocktail Fruit Mixer. destruction. (F. & D. No. 39593. Sample No. 27551-C.) This product was labeled to convey the impression that it was a base for the making of fruitade. Examination showed that it consisted of a mixture of water, acid, flavor, color, and about 10 percent of lemon juice.

On May 15, 1937, the United States attorney for the Northern 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 six cartons of cocktail fruit mixer at Syracuse, N. Y., alleging that the article had been shipped in interstate commerce on or about October 29, 1936, by Castle Products, Inc., from Newark, N. J., and charging adulteration and misbranding in violation of the Food and Drugs Act.

The article was labeled in part: (Jars) "Tomahawk Brand Cocktail Fruit
** * Castle Products, Inc., Newark, N. J."; (case) "Caspro
Mixer Lemon
Brand Cocktail Fruit Juice."

It was alleged to be adulterated in that an imitation lemon juice consisting of water, lemon juice, acid, flavor, and color, had been mixed and packed with it so as to reduce or lower its quality or strength and had been substituted wholly or in part for the article; and in that it had been mixed in a manner whereby inferiority was concealed.

The article was alleged to be misbranded in that the following statements were false and misleading and tended to deceive and mislead the purchaser when 串 Use whenever lemon juice is applied to a product that contained only about 10 percent of lemon juice: (Jar) "Lemon use as the juice of fresh fruit

desired. Two-tablespoons are equal to the juice of one lemon.

Contents are

the juice of tree-ripened, California-squeezed lemons, containing such natural fruit properties as flavor, fruit acid, cert. color"; (case) "Cocktail Fruit Juice. Use as the juice of fresh fruit."

On June 26, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

U. S. v. 4% Cases, et Product Default decree of condemnation. (F. & D. Nos. 39606, 39607, 39608. 27678. Adulteration and misbranding of tomato catsup. al., of Tomato Catsup. distributed to charitable institutions. Sample Nos. 34838-C, 34839-C, 34840-C.)

This product contained artificial color and apple pulp. It was also short of the declared volume.

On May 18, 1937, the United States attorney for the Northern District of Alabama, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 121⁄2 cases of catsup at Birmingham, Ala., alleging that the article had been shipped in interstate commerce on or about April 16, 1937, by E. A. Zatarain & Sons, Inc., from New Orleans, La., and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. It was labeled in part: (Bottles) "Pa-Poose Brand Tomato Catsup Contents 5 Fluid Oz. [or "8 Oz." or "14 Oz."] Made from Tomatoes, salt and spices Manufactured by E. A. Zatarain & Sons Inc. New Orleans, La."

*

The article was alleged to be adulterated in that an artificially colored tomato catsup containing pulp other than tomato pulp had been mixed and packed therewith so as to reduce or lower its quality or strength and had been substituted wholly or in part for tomato catsup, which the article purported to be; and in that it had been mixed and colored in a manner whereby inferiority was concealed.

It was alleged to be misbranded in that the following statements were false and misleading and tended to deceive and mislead the purchaser when applied to an article that contained artificial color and apple pulp and the quantity of contents of which was less than declared: "Tomato Catsup Made from Tomatoes, Salt and spices"; "Contents 5 Fluid Oz."; "Contents 8 Oz."; "Contents 14 Oz." It was alleged to be misbranded further in that it was an imitation of and was offered for sale under the distinctive name of another article, tomato catsup; and 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 since the quantity stated was not correct.

On July 7, 1937, no claimant having appeared, judgment of condemnation was entered and the court having found that the product was fit for human consumption, ordered that it be distributed to charitable institutions.

M. L. WILSON, Acting Secretary of Agriculture.

27679. Adulteration of canned tomato puree. U. S. v. 2,220 Cases of Tomato Purce (and 2 other seizure actions against the same product.) Consent decrees of condemnation. Product released under bond for segregation and destruction of unfit portion. (F. & D. Nos. 39621, 39622, 39690. Sample Nos. 30117-C, 30118-C, 41500-C, 41507-C, 41508-C, 41537-C.)

Samples of this product were found to contain excessive mold. On May 17 and June 5, 1937, the United States attorney for the District of Nebraska, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 2,220 cases of tomato puree at Nebraska City, Nebr., and 2,512 cases of tomato puree at Plattsmouth, Nebr., alleging that the article had been shipped in interstate commerce between the dates of September 14, 1936, and December 7, 1936, by the Weber Packing Corporation from Ogden, Utah, 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 filthy and decomposed vegetable substance.

On June 28 and July 3, 1937, the Norfolk Packing Co., Plattsmouth, Nebr., and the Otoe Food Products Co., Nebraska City, Nebr., claimants for respective portions of the article, having consented to the entry of decrees, judgments of condemnation were entered and the product was ordered released under bond conditioned that the unfit portion be destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

27680. Adulteration of oranges. U. S. v. 191 Cases of Oranges. Default decree of condemnation and destruction. (F. & D. No. 39635. Sample No. 1128-C.)

This product was found to be in part decomposed and damaged by drying. On April 23, 1937, 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 191 cases of oranges at Butte, Mont., alleging that the article had been shipped in interstate commerce on or about March 9, 1937, by American Fruit Growers from Pomona, Calif., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Cases) "Orange Queen Brand U. S. No. 1 American Fruit Growers Inc. Los Angeles, California."

It was alleged to be adulterated in that it consisted in whole or in part of a filthy, decomposed, and putrid vegetable substance in that a citrus fruit damaged

by drying, had been substituted wholly or in part for edible citrus fruit, which it purported to be.

On June 29, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

27681. Adulteration of lemon cocktail mixer.

U. S. v. 39 Jars of Cocktail Mixer. Default decree of condemnation and destruction. (F. & D. No. 39655. Sample No. 38063-C.)

This product was an imitation lemon juice consisting of an artificially colored mixture of acid solution and lemon-peel flavor containing little or no lemon Juice.

On or about May 27, 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 39 gallon jars of cocktail mixer at New Haven, Conn., alleging that the article had been shipped in interstate commerce on or about May 11, 1937, by the California Fruit Products Co., Inc., from New York, N. Y., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Old * * * Concentrated Cocktail Mixer Lemon ** * Abbey Brand Produced by California Fruit Products Co., Inc. * New York, N. Y." It was alleged to be adulterated in that an imitation lemon juice consisting of water, acid, flavor, and color, containing little or no lemon juice, had been mixed and packed with it so as to reduce or lower its quality or strength and, had been substituted wholly or in part for lemon juice, which the article purported to be. It was alleged to be adulterated further in that it had been mixed and colored in a manner whereby its inferiority was concealed.

* *

The article was alleged to be misbranded in that the following statements on the label were false and misleading and tended to deceive and mislead the purchaser in that they implied that it was pure lemon juice, whereas it was not: "Concentrated * * ** Lemon Because of its concentration use only half as much as is required of fresh fruit juice. Example: A good sized lemon contains about 6 teaspoonfuls of juice. If recipe calls for the juice of one lemon you will require only about 3 teaspoonfuls of Lemon Mixer To reduce this product to the strength of fresh fruit juice dilute with an equal part of water." Misbranding was alleged further in that the article was an imitation of and offered for sale under the distinctive name of another article, namely, lemon juice.

*

**

*

On July 17, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

27682. Misbranding of canned cherries. U. S. v. 170 Cases, and 255 Cases of Canned Cherries. Decrees of condemnation. Product released under bond to be relabeled. (F. & D. Nos. 39656, 39657. Sample Nos. 30710-C, 41488-C.)

This product fell below the standard established by this Department because the cherries were packed in water and it was not labeled to indicate that it was substandard.

On May 27 and June 3, 1937, the United States attorneys for the District of Kansas and the District of Wyoming, acting upon reports by the Secretary of Agriculture, filed in their respective district courts libels praying seizure and condemnation of 170 cases of canned cherries at Salina, Kans., and 255 cases of canned cherries at Casper, Wyo., alleging that the article had been shipped in interstate commerce on or about August 24 and September 1, 1936, by the Smith Canning Co. from Brigham, Utah, and charging misbranding in violation of the Food and Drugs Act. A portion of the article was labeled in part: (Cans) "Royal W Brand Pitted Red Cherries The Watson Wholesale Grocery Co. Distributors, Salina, Kansas." The remainder was labeled in part: (Cans) "Smith Brand Pitted Red Sour Cherries Distributed by Smith Canning Co. Clearfield, Utah-Athena, Oregon."

* 申 *

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 fruit was water-packed and its packages and labels did not bear a plain and conspicuous statement prescribed by regulation of this Department indicating that it fell below such standard.

On June 28 and August 2, 1937, the Smith Canning Co. and the Watson Wholesale Grocery Co. having appeared as claimants for respective portions of the

product, judgments of condemnation were entered and the product was ordered released to the claimants under bond, conditioned that it be relabeled so as to comply with the law.

M. L. WILSON, Acting Secretary of Agriculture.

27683. Misbranding of canned peas. U. S. v. 189 Cases of Canned Peas. Decree of condemnation. Product released under bond to be relabeled. (F. & D. No. 39658. Sample No. 42130-C.)

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

On May 27, 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 189 cases of canned peas at Washington, D. C., alleging that the article had been shipped on or about April 5, 1937, by the Mount Airy Canning Co. from Mount Airy, Md., and charging misbranding in violation of the Food and Drugs Act. The article was labeled in part: (Cans) "Good Year M-L Co Inc Early June Peas * Mazo-Lerch Co. Incorporated Distributors Washington, D. C."

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 regulation of this Department indicating that it fell below such standard.

On July 27, 1937, judgment of condemnation was entered, and the product was ordered released to the claimant under bond conditioned that it be relabeled so as to conform to the requirements of the law.

M. L. WILSON, Acting Secretary of Agriculture.

27684. Adulteration and misbranding of frozen egg yolks. U. S. v. 285 Cans of Yolks. Consent decree of condemnation. Product released under bond to be relabeled. (F. & D. No. 39663. Sample No. 8876-C.)

This product was represented to consist of egg yolks and sugar, but contained added egg white.

On May 27, 1937, the United States attorney for the District of New Jersey, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 285 cans of yolks at Jersey City, N. J., alleging that the article had been shipped in interstate commerce on or about May 5, 1937, by the Highway Butter & Egg Co. from Indianapolis, Ind., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: (Can cover) "Yolks With Approx. 10% Sugar."

It was alleged to be adulterated in that a mixture of egg yolk, egg white, and sugar had been substituted wholly or in part for egg yolks and sugar, which it purported to be.

The article was alleged to be misbranded in that the statement "Yolks With Approx. 10% Sugar" was false and misleading and tended to deceive and mislead the purchaser when applied to an article that contained added egg white.

On July 1, 1937, the Highway Butter & Egg Co., claimant, having admitted the allegations of the libel and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released to claimant under bond conditioned that it be relabeled to show its true nature.

M. L. WILSON, Acting Secretary of Agriculture.

27685. Adulteration and misbranding of butter. U. S. v. 10 Cases of Countryside Brand Butter. Consent decree of condemnation. Product released under bond. (F. & D. No. 39666. Sample No. 31732-C.)

This product contained less than 80 percent of milk fat. On May 18, 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 10 cases of butter at Cincinnati, Ohio, consigned on or about May 11, 1937, alleging that the article had been shipped in interstate commerce by Liberty Creamery Co. from Liberty, Ind., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: (Wrapper) "Countryside Brand Butter Distributed by Countryside Farm Products Co. * Cincinnati, Ohio."

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