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27094. Misbranding of canned peas. U. S. v. 50, 49, 47, and 48 Cases of Canned Peas. Decrees of condemnation. Product released under bond to be relabeled. (F. & D. nos. 39001 to 39004, incl. Sample nos. 12161-C, 12164-C, 12165-C, 12166-C.)

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

On January 28, 1937, the United States attorney for the District of Rhode Island, acting upon a report by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 194 cases of canned peas at Providence, R. I., alleging that they had been shipped in interstate commerce on or about December 13 and December 29, 1936, from Baltimore, Md., by A. W. Sisk & Son, and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Eventide Brand Early June Peas Distributed by R. O. Dulin Preston, Md."

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It was alleged to be misbranded in that it fell below the standard of quality and condition promulgated by the Secretary of Agriculture since the peas were not immature and more than 25 percent were ruptured, and the package or label did not bear a plain and conspicuous statement indicating that it fell below such standard.

On June 29, 1937, A. W. Sisk & Son, claimant, having admitted the allegations of the libels, judgments of condemnation were entered and it was ordered that the product be released under bond conditioned that it be relabeled as directed by this Department.

W. R. GREGG, Acting Secretary of Agriculture.

27095. Adulteration of canned beets. U. S. v. 134 Cases of Canned Beets. Default decree of condemnation and destruction. (F. & D. no. 39007. Sample no. 19730-C.)

This case involved canned beets that were decomposed.

On January 28, 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 134 cases of canned beets at Minneapolis, Minn., alleging that they had been shipped in interstate commerce on or about November 24 and November 30, 1936, by the Plymouth Packing Co., from Plymouth, Wis., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Xlnt Brand Sliced Beets * Packed for Minneapolis Allied Grocers Inc. Minneapolis, Minn." It was alleged to be adulterated in that it consisted in whole or in part of a decomposed 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.

27096. Adulteration and misbranding of canned shrimp. U. S. v. 15 Cases of Canned Shrimp. Default decree of condemnation and destruction. (F. & D. no. 39011. Sample no. 13884-C.)

This product was wholly or in part decomposed and fell below the standard of fill of container prescribed by the Secretary of Agriculture.

On January 27, 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 15 cases of canned shrimp at New Orleans, La., alleging that it had been delivered to a common carrier for export to Cuba by the Goodman & Beer Co., of New Orleans, La., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Barataria Brand Packed for Export Only Shrimp Packed for Goodman & Beer Co. Inc. New Orleans, La."

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

The article was alleged to be misbranded in that it was canned food and fell below the standard of fill of container promulgated for such canned food, since it was slack-filled, 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 1, 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.

27097. Adulteration of canned beets. U. S. v. 23 Cases of Canned Beets (and three other seizure actions). Default decrees of condemnation and destruction. (F. & D. nos. 39012, 39208, 39209, 39585. Sample nos. 19833-C, 19834-C, 30170-C, 33621-C.)

This product was in whole or in part decomposed.

On February 4, 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 23 cases of canned beets at Chicago, Ill. On March 12 and May 12, 1937, libels were filed against 589 cases of the product at St. Paul, Minn., and 18 cases at Lincoln, Nebr. The libels alleged that the article had been shipped in interstate commerce on or about September 3, 14, 18, and October 13, 1936, and February 20, 1937, by the Mammoth Spring Canning Co., from Sussex, Wis., and that it was adulterated in violation of the Food and Drugs Act. Portions of the article were labeled in part: "Gold-Dish Cut Beets [or "Kewpie Sliced Beets", or "Gladioli Cut Beets"] Packed by Mammoth Spring Canning Co., Main Office Waukesha Co. Wisc." The remainder was labeled in part: "Nation-Wide Service Grocers Sliced Beets ✦✦✦ Distributed by Nation-Wide Service Grocers."

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

On March 9, May 8, and June 19, 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.

27098. Misbranding of canned peas. decree of condemnation. to relabeling. (F. & D. no.

U. S. v. 242 Cases of Canned Peas. Consent Product ordered released under bond subject 39013. Sample no. 22589-C.)

These peas were substandard and not properly labeled as such.

On January 29, 1937, the United States attorney for the Middle District of North Carolina, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 242 cases of canned peas at Leaksville, N. C., alleging that the article had been shipped in Interstate commerce on or about November 19, 1936, by Howard E. Jones & Co. from Baltimore, Md., and charging adulteration in violation of the Food and Drugs Act. It was labeled in part: "Mason Dixon Brand Early June Peas Packed by Lineboro Canning Co. Inc. Lineboro, 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 indicating that it fell below such standard.

On March 10, 1937, Lineboro Canning Co., Inc., claimant, having appeared 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.

27099. Adulteration of apples. U. S. v. 150 Baskets of Apples. Default decree of condemnation and destruction. (F. & D. no. 39065. Sample no. 18767-C.)

This product was contaminated with lead and arsenic.

On January 25, 1937, the United States attorney for the Southern District of Iowa, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 150 baskets of apples at Des Moines, Iowa, consigned by J. C. Sewell Produce Co., Inc., on or about January 4, 1937, from Payette, Idaho, alleging that they had been shipped in interstate commerce and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Nampaho Brand Idaho Apples Winesap J. C. Sewell Produce Co., Inc. Payette, Idaho.”

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

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.

27100. Adulteration of apples. U. S. v. 646 Bushel Baskets of Apples.

Decree

of condemnation. Product released under bond subject to washing. (F. & D. no. 39066. Sample no. 19777-C.)

These apples were contaminated with lead-spray residue.

On January 16, 1937, the United States attorney for the Western District of Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 646 baskets of apples at La Crosse, Wis., alleging that they had been shipped in interstate commerce on or about January 5, 1937, by A. F. Talcott from Caldwell, Idaho, and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Hillcrest Brand Idaho Apples."

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

On February 10, 1937, A. F. Talcott, claimant, having admitted the allegations of the libel, judgment of condemnation was entered and it was ordered that the product be released under bond conditioned that the deleterious substance be removed by washing.

W. R. GREGG, Acting Secretary of Agriculture.

27101. Misbranding of table sirup. U. S. v. 49 Cases of Sirup. Decree of condemnation. Product released under bond to be relabeled. (F. & D. no. 39077. Sample no. 31127-C.)

This product consisted in large part of corn sirup, was manufactured by the American Syrup & Sorghum Co., and was labeled to convey the impression that it was fancy blended sorghum sirup made on the farm.

On February 15, 1937, the United States attorney for the District of Colorado, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 49 cases of sirup at Denver, Colo., consigned by the American Syrup & Sorghum Co., alleging that it had been shipped in interstate commerce on or about October 14, 1936, from St. Louis, Mo., and charging misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Farmer Jones Pride Brand Fancy Blended Sorghum Syrup 60% Corn Syrup, 30% Sorghum, 10% Refiners Syrup. Manufactured by American Syrup & Sorghum Co., * * General Offices, St. Louis, Mo."

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It was alleged to be misbranded in that the brand name, "Farmer Jones Pride", the design of a cane field, cane crusher, and vat for boiling down the sirup, the statements "Fancy Blended Sorghum Syrup", and "None genuine without this label and signature Yours truly Farmer Jones", borne on the label, were false and misleading and tended to deceive and mislead the purchaser since they represented that the article was manufactured by a farmer in the field where it was grown and that it was a fancy blended sorghum sirup; whereas it was manufactured by the American Syrup & Sorghum Co. at one of their plants, was not a fancy blended sorghum sirup but contained corn sirup; and the misbranding by reason of the statement "Fancy Blended Sorghum Syrup" was not corrected by the inconspicuous statement, "60% Corn Syrup, 30% Sorghum and 10% Refiners Syrup."

On March 6, 1937, the American Syrup & Sorghum Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and it was ordered that the product be released under bond conditioned that it be relabeled.

W. R. GREGG, Acting Secretary of Agriculture.

27102. Adulteration and misbranding of potatoes. U. S. v. 365 Bags of Potatoes. Consent decree of condemnation. Product ordered released under bond subject to relabeling. (F. & D. no. 39094. Sample no. 5055-C.)

This product fell below the grade declared on the label.

On February 16, 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 365 bags of potatoes at Memphis, Tenn., alleging that the article had been shipped in interstate commerce on or about January 28, 1937, by Piowaty Bros., Inc., from Chicago, Ill., and charging adulteration and misbranding in violation of the Food and Drugs Act. It was labeled in part: "U. S. Grade Number One Michigan Radio Potatoes, Piowaty Bros., Chicago, Ill."

The article was alleged to be adulterated in that potatoes below U. S. Grade No. 1 had been substituted wholly or in part for Grade No. 1 potatoes, which it purported to be.

It was alleged to be misbranded in that the statement "Grade Number One", borne on the label, was false and misleading and tended to deceive and mislead the purchaser.

On February 18, 1937, Piowaty Bros., Inc., claimant, having admitted the allegation 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 subject to relabeling.

W. R. GREGG, Acting Secretary of Agriculture.

27103. Adulteration of whitefish and tullibees. U. S. v. 161 Boxes of Whitefish and 73 Boxes of Tullibees. Default decree of condemnation and destruction. (F. & D. no. 39099. Sample nos. 8582-C, 8584-C.)

These products were worm-infested.

On February 4, 1937, the United States attorney for the Southern 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 161 boxes of whitefish and 73 boxes of tullibees at New York, N. Y., alleging that they had been shipped into the State of New York on or about January 5, 1937, by Keystone Fisheries, Ltd., from Winnipeg, Manitoba, Canada, 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 filthy animal substance and in that it consisted of portions of animals unfit for food.

On February 20, 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.

27104. Adulteration of tullibees. U. S. v. 20 Boxes of Tullibees. Default decree of condemnation and destruction. (F. & D. no. 39100. Sample no. 8586-C.)

This product was worm-infested.

On February 10, 1937, the United States attorney for the Southern 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 20 boxes of tullibees at New York, N. Y., alleging that the article had been shipped into the State of New York on or about February 8, 1937, by A. N. W. Kyle from Montreal, Canada, and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Product of Canada."

The article was alleged to be adulterated in that it consisted in whole or in part of a filthy animal substance and in that it consisted of portions of animals unfit for food.

On February 23, 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.

27105. Adulteration and misbranding of butter. U. S. v. 178 Tubs of Butter. Decree of condemnation. Product released under bond subject to reworking. (F. & D. no. 39102. Sample no. 12290-C.)

This case involved a shipment of butter that was deficient in milk fat. On February 8, 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 178 tubs of butter at Boston, Mass., consigned on or about February 1, 1937, alleging that it had been shipped in interstate commerce by the Isaly Dairy Co., from Marion, Ohio, and charging adulteration and misbranding in violation of the Food and Drugs Act. The article 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 by weight of milk fat as provided by the act of March 4, 1923.

It was alleged to be misbranded in that it was an imitation of and was offered for sale under the distinctive name of another article, butter.

On February 12, 1937, the Isaly Dairy Co. 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 reworking so that it contain at least 80 percent of milk fat.

W. R. GREGG, Acting Secretary of Agriculture.

27106. Misbranding of butter. U. S. v. 2 Cases of Butter. Default decree of condemnation. Product ordered delivered to a charitable institution. (F. & D. no. 39103. Sample no. 19439-C.)

This case involved butter that was falsely labeled as to weight.

On January 9, 1937, the United States attorney for the District of Colorado, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of two cases of butter at Greeley, Colo., consigned by Miller's Cloverleaf Dairy, alleging that the article had been shipped in interstate commerce, on or about January 2, 1937, from McCook, Nebr., and charging misbranding in violation of the Food and Drugs Act as amended. It was labeled in part: "Surely Good Fancy Creamery Butter One Pound Net Four Cubes Packed Especially for Security Stores."

The article was alleged to be misbranded in that it was labeled "One Pound Net", which was false and misleading as the package contained less than said quantity; 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 thereon was not correct.

On March 2, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be delivered to a charitable institution.

W. R. GREGG, Acting Secretary of Agriculture.

27107. Adulteration and misbranding of potatoes. U. S. v. 360 Sacks of Potatoes. Consent decree of condemnation. Product released under bond subject

to relabeling. (F. & D. no. 39105. Sample no. 33521-C.)

This product fell below the grade indicated on the label. On February 18, 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 360 sacks of potatoes at Chicago, Ill., alleging that they had been shipped in interstate commerce on or about February 12, 1937, by V. W. Anthony from Weyauwega, Wis., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: (Tag) "U. S. No. 1 Potatoes V. W. Anthony, Weyauwega, Wisc."

It was alleged to be adulterated in that potatoes below U. S. Grade No. 1 had been substituted wholly or in part for Grade No. 1 potatoes, which the article purported to be.

The article was alleged to be misbranded in that the statement "U. S. No. 1" borne on the tag 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 March 8, 1937, Weyauwega Union, claimant, having admitted the allegations of the libel and having consented to a decree, 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.

27108. Adulteration of canned blackberries, U. S. v. 52 Cartons of Canned Blackberries. Default decree of condemnation and destruction. (F. & D. no. 39117. Sample no. 32643-C.)

These canned blackberries were in part moldy.

On February 22, 1937, the United States attorney for the District of Idaho, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 52 cartons of canned blackberries at Boise, Idaho, alleging that they had been shipped in interstate commerce on or about November 2, 1936, by the G. P. Halferty Co., from Seattle, Wash., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Tastefull Brand Water Pack Blackberries Packed by National Fruit Canning Co., Seattle."

It was alleged to be adulterated in that it consisted wholly or in part of a filthy, decomposed, or putrid vegetable substance, namely, moldy blackberries. On March 30, 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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