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27109. Misbranding of canned peas. U. S. v. 14 Cases and 184 Cases of Canned Peas. Default decrees of condemnation and destruction. (F. & D. nos. 39070, 39119. Sample nos. 28494-C, 29755-C.)

This product was labeled to convey the impression that it consisted of immature peas, whereas it had been prepared from soaked dry peas.

On February 11 and 24, 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 324 cases of canned peas at Monongahela, Pa., alleging that the article had been shipped in interstate commerce on or about October 14, 1936, and February 5, 1937, by the Elyria Canning Co., from Elyria, Ohio, and charging misbranding in violation of the Food and Drugs Act. It was labeled in part: "May-Pole Brand Prepared from dry Peas * Packed by Elyria Canning Co. Elyria, Lorain Co. Ohio."

The article was alleged to be misbranded in that the design of a dish of bright green peas on the label and the relative inconspicuousness of the statement "prepared from dry," as compared with that of the word "peas", were false and misleading and tended to deceive and mislead the purchaser when applied to an article that was prepared from soaked dry peas.

On April 8, 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.

27110. Adulteration of lima beans. U. S. v. 150 Bags of Lima Beans. Decree of condemnation. Product released under bond subject to segregation and destruction of deleterious portion. (F. & D. nos. 39121, 39122, 39123. Sample no. 21634-C.)

This case involved lima beans a part of which were contaminated with lead. On February 24, 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 150 bags of lima beans at New Orleans, La., alleging that they had been shipped in interstate commerce on or about October 14, 1936, by Bryant & Cookingham, Inc., from Los Angeles, Calif., and charging adulteration in violation of the Food and Drugs Act.

The article 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 March 25, 1937, Benham, Inc., New Orleans, La., 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 subject to reconditioning by segregating and destroying the deleterious portion.

W. R. GREGG, Acting Secretary of Agriculture.

27111. Adulteration of lima beans. U. S. v. 401 Bags of Lima Beans. Decree of condemnation. Product released under bond subject to segregation and destruction of deleterious portion. (F. & D. no. 39124. Sample no. 21635-C.) This case involved lima beans a part of which were contaminated with lead.

On February 24, 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 401 bags of lima beans at New Orleans, La., alleging that they had been shipped in interstate commerce on or about October 15, 1936, by Hamilton & Co., from Los Angeles, Calif., and charging adulteration in violation of the Food and Drugs Act.

The article 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 March 4 and March 25, 1937, Swayne & Hoyt, Ltd., New Orleans, La., having filed a claim as agent for L. H. Hayward & Co., New Orleans, La., the owner, and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond subject to reconditioning by segregating and destroying the deleterious portion.

W. R. GREGG, Acting Secretary of Agriculture.

27112. Adulteration and misbranding of malted milk powder.

U. S. v. 3 Barrels of Malted Milk Powder. Befault decree of condemnation and destruction. (F. & D. no. 39141. Sample no. 26585-C.)

This case involved malted milk powder in which fat or oil other than butterfat had been substituted for butterfat.

On February 26, 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 three barrels of malted milk powder at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about November 9, 1936, by Vac-Made Food Corporation from Chicago, Ill., and charging adulteration and misbranding in violation of the Food and Drugs Act. It was labeled in part: (Barrel) "Vac-Maid Malted Milk"; (tag) "From Vac-Made Food Corp., Chicago, Ill."

The article was alleged to be adulterated in that a substance containing a fat or oil other than butterfat had been mixed and packed with it so as to reduce or lower its quality or strength, and in that a substance containing fat or oil other than butterfat had been substituted wholly or in part for malted milk, which the article purported to be.

It was alleged to be misbranded in that the statement "Malted Milk", borne on the barrel, was false and misleading and tended to deceive and mislead the purchaser, when applied to an article that contained a fat or oil other than butterfat.

On March 10, 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.

27113. Adulteration and misbranding of potatoes. U. S. v. 370 Bags of Potatoes. Consent decree of condemnation. Product released under bond to be

sorted and relabeled. (F. & D. no. 39160. Sample no. 17929–C.)

These potatoes were below the grade declared on the label.

On March 1, 1937, the United States attorney for the Eastern 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 370 bags of potatoes at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about February 17, 1937, by M. A. Sanborn from DoverFoxcroft, Maine, and charging adulteration and misbranding in violation of the Food and Drugs Act. It was labeled in part: (Tag) "Grade U. S. No. 2." The article was alleged to be adulterated in that potatoes below U. S. Grade No. 2 had been substituted in part for potatoes conforming to U. S. Grade No. 2 standard, which it purported to be.

Misbranding was alleged in that the statement "Grade U. S. No. 2" was false and misleading and tended to deceive and mislead the purchaser into believing that the bags contained U. S. Grade No. 2 potatoes, whereas they did not.

On March 10, 1937, M. A. Sanborn, 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 potatoes be released under bond conditioned that they be sorted, resacked, and properly marked or tagged.

W. R. GREGG, Acting Secretary of Agriculture.

27114. Adulteration of Emulsol-M (frozen egg product). U. S. v. 120 Cans of Frozen Eggs. Consent decree of condemnation. Product released under bond for segregation and destruction of decomposed portion. (F. & D. no. 39161. Sample no. 8858-C.)

This case involved a frozen egg product that was in part decomposed. On March 2, 1937, the United States attorney for the Eastern 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 120 cans of frozen egg product at Brooklyn, N. Y., alleging that it had been shipped in interstate commerce on or about January 19, 1937, by the Emulsol Corporation from Chicago, Ill., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Emulsol-M A superior emulsifying agent for baking The Emulsol Corporation Chicago."

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

On March 22, 1937, the Emulsol Corporation, 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 conditioned that the decomposed portion be separated therefrom and destroyed. W. R. GREGG, Acting Secretary of Agriculture.

27115. Adulteration and misbranding of olive oil. U. S. v. 7 Cans and 7 Cans of Alleged Pure Olive Oil. Default decree of condemnation and destruction. (F. & D. nos. 39168, 39169. Sample nos. 33523-C, 33524-C.)

This case involved olive oil with which cottonseed oil had been mixed and packed.

On March 5, 1937, the United States attorney for the Northern District of Indiana, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 14 gallon cans of alleged pure olive oil at Indiana Harbor, Ind., alleging that it had been shipped in interstate commerce on or about January 15, 1937, by Kakarakis Bros., from Chicago, Ill., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Electra Brand Extra Superfine Pure Olive Oil Kakarakis Bros., Chicago, Ill."

It was alleged to be adulterated in that cottonseed oil 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 olive oil, which it purported to be.

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 applied to an article containing cottonseed oil; (Main panels) "Extra Superfine Pure Olive Oil [one main panel in addition bore the Greek equivalent];" (one side of panel) "Warranted absolutely pure olive oil under chemical analysis"; (other side panel in Greek, probably a translation of the English panel). Misbranding was alleged for the further reason that it was offered for sale under the distinctive name of another article, namely, olive oil. On April 9, 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.

27116. Misbranding of canned peas. U. S. v. 300 Cases and 960 Cases of Canned Peas. Consolidated decree of condemnation and forfeiture. Product released under bond to be relabeled. (F. & D. nos. 39191, 39193. Sample nos. 35240-C, 35241-C.)

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

On March 8 and March 9, 1937, the United States attorney for the Eastern District of Pennsylvania, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 1,260 cases of canned peas at Philadelphia, Pa., alleging that they had been shipped in interstate commerce on or about December 22, 1936, and January 2, 1937, from Cambridge, Md., by Phillips Packing Co., Inc., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Phillips Delicious Early June Peas * Packed By Phillips Packing Co., Inc. Cambridge, 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, 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 29, 1937, the Phillips Packing Co., Inc., having appeared as claimant and the cases having been consolidated, 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.

27117. Adulteration and misbranding of potatoes. U. S. v. 450 Crates of Potatoes, Decree of condemnation and forfeiture. Product released under bond to be relabeled. (F. &. D. no. 39207. Sample no. 43526-C.)

This product fell below the grade indicated on the label.

On March 11, 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 450 crates of potatoes at Philadelphia, Pa., alleging that they had been shipped in interstate

commerce on or about March 7, 1937, by C. R. Bull from Miami, Fla., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Blue Steel Brand U. S. 1."

It was alleged to be adulterated in that potatoes below U. S. Grade No. 1 had been substituted for U. S. Grade No. 1 potatoes, which it purported to be. The article was alleged to be misbranded in that the statement on the label, "U. S. 1", was false and misleading and tended to deceive and mislead the purchaser when applied to potatoes below U. S. Grade No. 1.

On March 15, 1937, E. Meltzer, 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 under the supervision of this Department.

W. R. GREGG, Acting Secretary of Agriculture.

27118. Adulteration of apples. U. S. v. 73 Boxes of Apples. Consent decree entered. Product released under bond. (F. & D. no. 39215. Sample no. 40965-C.)

This product was contaminated with lead.

On March 3, 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 73 boxes of apples at Los Angeles, Calif., alleging that they had been shipped in interstate commerce on or about January 28, 1937, by the Pacific Fruit & Produce Co., from Dryden, Wash., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Tyee Brand Washington Apples shipped by Wenatchee Apple Distributors, Wenatchee, Washington."

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It was alleged to be adulterated in that it contained an added poisonous or deleterious ingredient, lead, which might have rendered it injurious to health. On March 5, 1937, Western Fruit Jobbers, Inc., Los Angeles, Calif., claimant, having consented to condemnation of the product, a decree was entered ordering the apples released under bond subject to reconditioning. On March 23, 1937, the claimant having complied with the terms of the decree, the court ordered that the release be made permanent and the bond exonerated.

W. R. GREGG, Acting Secretary of Agriculture.

27119. Adulteration of tomato catsup. U. S. v. 35 and 68 Cases of Tomato Catsup. Consent decrees of condemnation and destruction. nos. 39224, 39227. Sample nos. 40955-C, 40954-C.)

(F. & D.

This product contained filth resulting from worm infestation. On March 15 and 17, 1937, the United States attorney for the District of Hawaii, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 103 cases of tomato catsup at Honolulu, Hawaii, consigned by Kern Food Products, Inc., alleging that the article had been shipped in interstate commerce on or about February 17, 1937, from Los Angeles, Calif., and charging adulteration in violation of the Food and Drugs Act. It was labeled in part: "Kerns Pure Tomato Catsup Los Angeles."

The article was alleged to be adulterated in that it was in whole or in part filthy, decomposed, or putrid.

On March 22, 1937, Central Market, Ltd., and A. M. Peters, Honolulu, Hawaii, and the Kern Preserving Co., Los Angeles, Calif., claimants, having admitted the allegations of the libels and having consented to the entry of decrees, judgments of condemnation were entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27120. Misbranding of butter. U. S. v. 550 Cartons of Butter. Decree of condemnation and forfeiture. Product released under bond to be relabeled. (F. & D. no. 39318. Samples nos. 20231-C to 20231-C, incl.)

This butter was labeled "Made in U. S.", but in fact was made in Russia. On or about March 23, 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 550 cartons of butter at Boston, Mass., consigned between the dates of February 17 and March 1, 1937, alleging that the article had been shipped in interstate commerce by Armour & Co., from New York, N. Y., and charging misbranding

in violation of the Food and Drugs Act. It was labeled in part: (Parchment paper) "Creamery Butter Made from Pasteurized cream Made in U. S. A.” The article was alleged to be misbranded in that it was falsely branded as to the country in which it was manufactured or produced.

On March 25, 1937, Armour & 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 to be relabeled under the supervision of this Department.

W. R. GREGG, Acting Secretary of Agriculture.

27121. Adulteration of canned tomato paste. U. S. v. 20, 69, and 139 Cases of Tomato Paste. Default decrees of condemnation and destruction. (F. & D. nos. 39022, 39029, 39085. Sample nos. S012-C, 28486-C, 28680-C.)

This product contained excessive mold.

On January 30, 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 20 cases of canned tomato paste at Baltimore, Md. On February 2 and February 15, 1937, libels were filed against 69 cases of the product at Youngstown, Ohio, and 139 cases at Pittsburgh, Pa. It was alleged in the libels that the article had been shipped in interstate commerce between the dates of October 12, 1933, and January 8, 1937, by the Marlboro Canning Corporation from Marlboro, N. Y., and that it was adulterated in violation of the Food and Drugs Act. It was labeled in part: "Lola Brand Tomato Paste * Packed in U. S. A. By The Marlboro Canning Corp. Marlboro, N. Y."

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

On March 3, March 17, and April 8, 1937, no claimants having appeared, judgments of condemnation were entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27122. Adulteration and misbranding of tomato paste. U. S. v. 140 Cases of Tomato Paste. Default decree of condemnation and destruction. (F. & D. no. 39024. Sample no. 28482-C.)

This tomato paste contained excessive mold and was deficient in tomato solids.

On February 2, 1937, the United States attorney for the Northern District of Ohio, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 140 cases of canned tomato paste at Youngstown, Ohio, alleging that it had been shipped in interstate commerce on or about December 3, 1936, 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: "Sole Brand Salsa Di Pomidoro * Packed by Canandaigua Juice Co. CanTomato Paste."

andaigua, N. Y. *

It was alleged to be adulterated in that it consisted in whole or in part of a filthy and decomposed vegetable substance, and in that a substance deficient in tomato solids had been substituted for tomato paste, which it purported to be.

The article was alleged to be misbranded in that the statements on the labels, "Salsa Di Pomidoro" and "Tomato Paste", were false and misleading and tended to deceive and mislead the purchaser when applied to a product that was deficient in tomato solids.

On March 17, 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.

27123. Adulteration of dried codfish. U. S. v. 25 Boxes of Codfish and 5 Boxes of Codfish Rolls. Default decrees of condemnation and destruction. (F. & D. nos. 38825, 39026. Sample nos. 29656-C, 29671–C.)

Samples of this product were found to be decomposed and wormy.

On December 15, 1936, and February 1, 1937, the United States attorney for the Western District of Washington, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 30 boxes of dried codfish at Seattle, Wash., alleging that the article had

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