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the district court libels praying seizure and condemnation of 802 cartons and 50 cases of canned peas at Portland and Baker, Oreg., respectively, alleging that they had been shipped in interstate commerce in part on or about July 10, 1936, and in part on or about August 6, 1936, by the Idaho Canning Co., from Payette, Idaho, and charging adulteration and misbranding in violation of the Food and Drugs Act. A portion of the article was labeled: "Arrow Rock Brand Large Sweet Sifted Peas Size 5 Packed and Guaranteed by Idaho Canning Co." The remainder was labeled: "Seven Peaks Brand June Peas 串 * Packed by Idaho Canning Co. Payette and Wilder, Idaho." The article was alleged to be adulterated in that it consisted in whole or in part of a filthy vegetable substance.

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It was alleged to be misbranded in that the device of a circle borne on the label and intended to represent the exact size of the peas contained in the can, was false and misleading and tended to deceive and mislead the purchaser in that the said device represented that the peas in the can were only 10/32 inch in diameter; whereas they were approximately 13/32 inch in diameter. On March 10 and April 9, 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.

27082. Adulteration and misbranding of canned tomato juice. U. S. v. 820, 57, and 381⁄2 Cases of Canned Tomato Juice. Default decrees of con

demnation and destruction. (F. & D. nos. 38899, 39006, 39023. Sample nos. 11693-C, 11694-C, 12192-C, 12831-C, 12833-C.)

This product contained excessive mold and a part of it was short in volume. On December 31, 1936, January 28, and February 1, 1937, the United States attorneys for the Western District of Pennsylvania and the Northern District of Ohio, acting upon reports by the Secretary of Agriculture, filed in their respective district courts libels praying seizure and condemnation of 820 cases of canned tomato juice at North East, Pa., and 95% cases of the product at Cleveland, Ohio. On January 5, 1937, the libel filed in the Western District of Pennsylvania was amended. The libels alleged that the article had been shipped in interstate commerce by North East Preserving Works, Inc., of North East, Pa.; that a portion had been shipped from Providence, R. I., to North East, Pa., on or about December 19, 1936; that the remainder had been shipped from North East, Pa., to Cleveland, Ohio, on or about October 6 and November 24, 1936; and that the article was adulterated and a portion also was misbranded in violation of the Food and Drugs Act as amended. One lot was labeled: "Fi-Na-St Pure Tomato Juice Distributed by First National Stores, Inc. Boston, U. S. A." The remainder was labeled: "North East Tomato Juice Contents 1 Qt. 1 Pt. 2 Fl. Oz. [or "Contents 1 Pt. 5 Fl. Oz."] Packed by North East Preserving Works, Inc., North East, Penn."

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

Misbranding was alleged with respect to a portion of the North East brand for the reason that the statement on the label, "Contents 1 Pt. 5 Fl. Oz.", was false and misleading and tended to deceive and mislead the purchaser when applied to an article that was short in volume; and for the further reason 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 incorrect.

On March 11 and March 12, 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.

27083. Adulteration and misbranding of tomato soup and adulteration of tomato catsup. U. S. v. 1191⁄2 Cases of Tomato Soup and 600, 86, and 95 Cases of Tomato Catsup. Decrees of destruction. (F. & D. nos. 38900, 39069, 39153, 39368. Sample nos. 5243-C, 30088-C, 30122-C, 30243-C.)

These products contained filth resulting from the use of worm-infested fruit. On January 5, 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 1191⁄2 cases of canned tomato Soup at Duluth, Minn. On February 11, February 27, and April 13, 1937, libels were filed against 600 cases of tomato catsup at Kansas City, Mo., 86 cases at Lincoln, Nebr. and 95 cases at Fremont, Nebr. The libels alleged that

the articles had been shipped in various shipments in interstate commerce between the dates of July 29, 1936, and December 31, 1936, by the Vincennes Packing Corporation from Vincennes, Washington, and Seymour, Ind., and charging that they were adulterated and that the tomato soup also was misbranded in violation of the Food and Drugs Act. The articles were labeled variously: "Standby Tomato Soup The Tomato Soup in this can is prepared from vine ripened tomatoes carefully selected, washed and trimmed Packed for Fine Foods, Inc., Seattle Wash. Minneapolis"; "Pickwick Brand Tomato Catsup * * Distributed by Kansas City Wholesale Grocery Co. Kansas City, Mo."; "Black Bird Brand Catsup * Packed for H. P. Lau Co. Lincoln, Fremont, Nebr."

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The articles were alleged to be adulterated in that they consisted wholly or in part of filthy vegetable substances.

The tomato soup was alleged to be misbranded in that the statement, "The tomato soup in this can is prepared from vine-ripened tomatoes, carefully selected, washed and trimmed", borne on the label, was false and misleading and tended to deceive and mislead the purchaser, in that the presence of worminfested tomato pulp showed that the tomatoes were not "carefully selected, washed, and trimmed", but that they contained in part a filthy vegetable substance.

On February 24, April 12, April 21, and April 22, 1937, the H. P. Lau Co., claimant for the goods seized at Fremont, Nebr., having consented to the destruction of said lot and no claim having been entered for the remaining lots, judgments of condemnation were entered and it was ordered that the products be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27084. Adulteration of tomato paste. U. S. v. 91⁄21⁄2 Cases and 12 Cases of Tomato Paste. Default decrees of condemnation and destruction. (F. & D. nos. 38902, 38947. Sample nos. 28456-C, 28624-C.)

This product contained excessive mold.

On January 4 and January 12, 1937, the United States attorney for the Western District of Pennsylvania, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 211⁄2 cases of tomato paste at Pittsburgh, Pa., alleging that the article had been shipped in interstate commerce by the Gervas Canning Co., in part on or about October 16, 1936, from Forestville, N. Y., and in part on or about October 19, 1936, from Fredonia, N. Y., and charging adulteration in violation of the Food and Drugs Act. It was labeled in part: "Benito Brand Tomato Paste packed by Stanley Packing Co., Inc., Forestville, N. Y."

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

On March 9, 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.

27085. Misbranding of canned bean soup, pea soup, and chicken broth. U. S. v. 10 Cases Each of Canned Bean Soup, Pea Soup, and Chicken Broth. Consent decree of condemnation. Product released under bond to be relabeled. (F. & D. nos. 38928, 38929, 38930. Sample nos. 29662-C, 29663-C, 29664-C.)

This case involved canned goods that were short in weight.

On January 13, 1937, 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 30 cases of canned goods at Seattle, Wash., alleging that the articles had been shipped in interstate commerce on or about December 19, 1936, by the Del Ray Corporation from San Francisco, Calif., and charging misbranding in violation of the Food and Drugs Act as amended. The articles were labeled in part: "Giffi Say Jiffy Condensed Bean Soup [or "Pea Soup" or "Chicken Broth"] Net Contents 101⁄2 Fl. Oz."

The articles were alleged to be misbranded in that the statement "101⁄2 Fl. Oz.", borne on the label, was false and misleading and tended to deceive and mislead the purchaser when applied to articles that were short in weight; and in that they were foods in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the packages since the quantity stated was not correct.

On February 8, 1937, the Del Ray Corporation having appeared as claimaut and having consented to the entry of a decree, judgment of condemnation was entered and it was ordered that the products be released under bond conditioned that they be relabeled under the supervision of this Department.

W. R. GREGG, Acting Secretary of Agriculture.

27086. Adulteration and misbranding of mustard sauce. U. S. v. 21 Cartons; 20, 60, and 53 Cases of Mustard Sauce. Default decrees of condemnation and destruction. (F. & D. nos. 38935, 38991. Sample nos. 29328-C, 29338-C, 29339-C.) These cases involved mustard sauce that contained added gum and excessive mustard hulls.

On January 14 and January 27, 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 21 cartons and 133 cases of mustard sauce at Portland, Oreg., alleging that the article had been shipped in interstate commerce in various shipments on or about September 4, September 8, and October 9, 1936, by the Morehouse Mustard & Supply Co., from Oakland, Calif., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: (Jar) "Mor-Tang Brand Mustard Sauce Morehouse Mustard & Supply Company Oakland, Calif."

It was alleged to be adulterated in that mustard hulls and gum had been mixed and packed therewith so as to reduce or lower its quality or strength and had been substituted in part for mustard sauce, which the article purported to be. The article was alleged to be adulterated further in that it had been mixed with mustard hulls and gum in a manner whereby inferiority was concealed. The article was alleged to be misbranded in that the statement "Mustard Sauce", borne on the label, was false and misleading and tended to deceive and mislead the purchaser when applied to an article containing gum and mustard hulls. On March 10, 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.

27087. Misbranding of canned tomatoes. U. S. v. 849 Cases of Canned Tomatoes. Consent decree of condemnation. Product released under bond to be relabeled. (F. & D. no. 38944. Sample no. 30235-C.)

These tomatoes were substandard because they did not consist of whole or large pieces and were not labeled to indicate that they were substandard.

On or about January 18, 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 a libel praying seizure and condemnation of 849 cases of canned tomatoes at El Reno, Okla., alleging that they had been shipped in interstate commerce on or about September 19, 1936, by Benicia Canning Co. from Benicia, Calif., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Ruby Brand Tomatoes with Puree from Trimmings * * G. W. Hume Co. Distributors, San

Francisco, Calif."

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 because it did not consist of whole or large pieces, 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 March 16, 1937, the G. W. Hume Co. having appeared as claimant and having admitted the allegations contained in the libel, judgment of condemnation was entered and it was ordered that the product be released under bond to be relabeled.

W. R. GREGG, Acting Secretary of Agriculture.

27088. Misbranding of canned peas. U. S. v. 22 Cases of Canned Peas. Default decree of condemnation and destruction. (F. & D. no. 38958. Sample no. 13695-C.)

These canned peas fell below the standard established by this Department since they were not immature and were not labeled so as to indicate that they were substandard.

On January 16, 1937, the United States attorney for the Eastern District of Louisiana, acting upon a report by the Secretary of Agriculture, filed in the

district court a libel praying seizure and condemnation of 22 cases of canned peas at New Orleans, La., alleging that they had been shipped in interstate commerce on or about November 28, 1936, by Phillips Sales Co., Inc., from Baltimore, Md., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Can) "Glyndon Brand * Early June Peas Phillips Sales Co., Inc., Cambridge, Md. U. S. A. Distributors."

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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 February 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.

27089. Adulteration of sauerkraut.

U. S. v. 49 Cartons of Canned Sauerkraut.

Default decree of condemnation and destruction. (F. & D. no. 38970.
Sample no. 20214-C.)

This product was in part decomposed.

On January 18, 1937, 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 49 cartons of canned sauerkraut at Boston, Mass., alleging that it had been shipped in interstate commerce on or about August 15, 1936, by Allen Bros. Canning Co., from Manchester, N. Y., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Cooper Special Brand Sauerkraut Packed for John Cooper, Holcomb, New York."

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

27090. Misbranding of canned peas. U. S. v. 399 Cases of Canned Peas. Decree of condemnation and forfeiture. Product released under bond to be relabeled. (F. & D. no. 38971. Sample no. 15350-C.)

This case involved canned peas that were substandard because they were not immature, and that were not labeled to indicate that they were substandard. On January 16, 1937, the United States attorney for the Eastern District of Pennsylvania, acing upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 399 cases of canned peas at Philadelphia, Pa., alleging that they had been shipped in interstate commerce on or about September 9, 1934, from Whitewater, Wis., by the Humbird Canning Co., of Humbird, Wis., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Cans) "Rosa Brand Wisconsin Sweet Peas Packed for GF, Philadelphia, Pa. Quality Products"

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 the 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 18, 1937, Giacomo Foti, Inc., Philadelphia, Pa., having appeared as claimant, judgment of condemnation was entered and it was ordered that the product be released under bond to be relabeled.

W. R. GREGG, Acting Secretary of Agriculture.

27091. Misbranding of canned peas. U. S. v. 498, 295, and 640 Cases of Canned Peas. Consent decrees of condemnation. Product released under bond for relabeling. (F. & D. nos. 38977, 38990, 39167. Sample nos. 17579-C, 17806-C, 17926-C.)

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

On January 19, January 22, and March 3, 1937, the United States attorneys for the District of New Jersey and the Southern District of New York, acting upon reports by the Secretary of Agriculture, filed in their respective district courts libels praying seizure and condemnation of 793 cases of canned peas at New York, N. Y., and 640 cases of canned peas at Newark, N. J., alleging that they had been shipped in interstate commerce on or about December 4, 1936, January 6, and January 25, 1937, by the Frederick City Packing Co., in part from Thurmont, Md., and in part from Frederick, Md., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Taylor Brand * Early June Peas Packed for The Frederick City Packing Company Frederick, Md.”

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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 March 18 and March 23, 1937, Thomas Roberts & Co., Philadelphia, Pa., having filed a claim on their own behalf for the goods seized at Newark, N. J., and having filed a claim as agent for the Frederick City Packing Co. for the goods seized at New York, N. Y., and having admitted the allegations in the libels and consented to the entry of decrees, judgments of condemnation were entered and it was ordered that the product be released under bond conditioned that it be relabeled.

W. R. GREGG, Acting Secretary of Agriculture.

27092. Adulteration of canned beets. U. S. v. 81 Cases of Canned Beets. Default decrec of condemnation and destruction. (F. & D. no. 38997. Sample no. 19732-C.)

This case involved a shipment of canned beets that were intensely blackened and were decomposed.

On January 26, 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 81 cases of canned beets at Minneapolis, Minn., alleging that they had been shipped in interstate commerce on or about October 19, 1936, by the Green Bay Canning Corporation from Green Bay, Wis., 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 decomposed and putrid vegetable substance.

On March 22, 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.

27093. Misbranding of canned tomatoes. U. S. v. 24 Cases of Canned Tomatoes. Default decree of condemnation and destruction. (F. & D. no. 38998. Sample no. 32602-C.)

This case involved canned tomatoes that fell below the standard established by this Department because they did not consist of whole or large pieces and which were not labeled to indicate that they were substandard.

On January 25, 1937, the United States attorney for the District of Oregon, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 24 cases of canned tomatoes at LaGrande, Oreg., alleging that they had been shipped in interstate commerce on or about January 9, 1937, by the Interior Grocery Co., from Walla Walla, Wash., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Blue and White Brand Tomatoes With Puree from Trimmings Red and White Corp'n Distributors Chicago, Ill."

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 it did not consist of whole or large pieces 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 March 19, 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.

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