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28396. Adulteration of crab apples. U. S. v. 159 Bushels of Crab Apples. sent decree of condemnation and destruction. (F. & D. No. 41243. Sample No. 49781-C.)

This product was contaminated with arsenic and lead.

On October 6, 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 159 bushels of crab apples at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about September 29 and 30, 1937, by the De Willoughby Fruit Farm from Berlamont, Mich., and charging adulteration in violation of the Food and Drugs Act. The article was labeled: "From de Willoughby Fruit Farm, Berlamont, Michigan."

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

On October 11, 1937, the claimant having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered destroyed. HARRY L. BROWN, Acting Secretary of Agriculture.

28397. Adulteration of apples. U. S. v. 31 Bushels of Apples.

Consent decree of

condemnation and destruction. (F. & D. No. 40978. Sample Nos. 67610-C, 67615-C.)

This product was contaminated with arsenic and lead.

On November 15, 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 31 bushels of apples at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about October 11, 24, and 27 and November 4, 1937, by L. R. Boyer from Watervliet, Mich., and charging adulteration in violation of the Food and Drugs Act.

The article was alleged to be adulterated in that it contained added poisonous or deleterious ingredients, arsenic and lead, which might have rendered it harmful to health.

On November 23, 1937, the shipper having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered destroyed. HARRY L. BROWN, Acting Secretary of Agriculture.

28398. Adulteration of apples. U. S. v. 119 Bushels of Apples. Consent decree of condemnation and destruction. (F. & D. No. 40981. Sample No. 67736-C.)

This product was contaminated with arsenic and lead.

On November 15, 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 119 bushels of apples at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about November 10, 1937, from Berrien Springs, Mich., by Joseph Fracchini to himself at Chicago, Ill., and charging adulteration in violation of the Food and Drugs Act.

The article was alleged to be adulterated in that it contained added poisonous or deleterious ingredients, arsenic and lead, which might have rendered it harmful to health.

On November 29, 1937, the shipper having consented to the entry of a decree, the product was condemned and ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28399. Adulteration of apples. U. S. v. 83 Bushels of Apples.

Consent decree of

condemnation and destruction. (F. & D. No. 41019. Sample Nos. 67815-C, 67816-C.)

This product was contaminated with arsenic and lead.

On November 20, 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 83 bushels of apples at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about November 17, 1937, from Benton Harbor, Mich., by Tom Mucia to himself at Chicago, Ill., and charging adulteration in violation of the Food and Drugs Act. The article was alleged to be adulterated in that it contained added poisonous or deleterious ingredients, arsenic and lead, which might have rendered it harmful to health.

On December 22, 1937, the claimant having consented to the entry of a decree of condemnation, the product was ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28400. Adulteration of apples. U. S. v. Lots of Apples (and one other seizure of apples.) Decrees of forfeiture. Product released under bond. (F. & D. Nos. 40933, 41237. Sample Nos. 45896-C, 45897-C, 49469-C, 49470-C.)

This product was contaminated with arsenic and lead.

On October 20 and November 29, 1937, the United States attorney for the Western District of Wisconsin, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 534 bushels of apples at Ashland, Wis., alleging that the article had been shipped in interstate commerce on or about October 15 and 18, 1937, by S. F. Weksler from Frankfort, Mich., and charging adulteration in violation of the Food and Drugs Act. The article was labeled variously: "Arlie L. Hopkins Bear Lake Michigan Packed by George E. Iverson Arcadia, Michigan"; "Graded and Packed by Indianhills Orchards, Honor, Michigan"; "Consigned from Clagetts Orchard, Empire, Michigan."

The article was alleged to be adulterated in that it cotained added poisonous and deleterious ingredients, lead and arsenic, which might have rendered it injurious to health.

On November 29 and December 17, 1937, Cohodas & Snyder Co., Ashland, Wis., claimant, having admitted the allegations of the libels, judgments of forfeiture were entered and it was ordered that the product be released under bond to be reconditioned by removal of the deleterious substances.

HARRY L. BROWN, Acting Secretary of Agriculture.

28401. Adulteration and misbranding of lemon juice. U. S. v. 54 Cases of Lemon Juice. Consent decree of condemnation. Order of destruction. (F. & D. No. 40744. Sample No. 60642-C.)

This article was diluted lemon juice, but was represented to be pure lemon juice.

On November 18, 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 54 cases of lemon juice at Denver, Colo., consigned by the Tru-Fruit Juice Co., alleging that the article had been shipped in interstate commerce on or about November 20, 1936, from Chicago, Ill., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Tru-Lem Made from Pure Lemon Juice Fruit Acid Added * * Tru-Fruit Juice Co. Chicago, Ill."

The article was alleged to be adulterated in that diluted lemon juice had been substituted for pure lemon juice, which it purported to be.

It was alleged to be misbranded in that the following statements were false and misleading and tended to deceive and mislead the purchaser as applied to diluted lemon juice: "Tru-Lem * * * Made from Pure Lemon Juice Tru-Fruit Juice Co. Use one ounce of Tru-Lem in place of the juice of one lemon. Tru-Lem may be used for every household purpose without the inconvenience of squeezing lemons."

On December 10, 1937, the Tru-Fruit Juice Co. having consented to the entry of a decree, judgment of condemnation was entered and the property was ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28402. Adulteration of pecans. U. S. v. 23 Bags and 39 Bags of Pecans. Default decree of condemnation and destruction. (F. & D. Nos. 40836, 40837. Sample Nos. 9516-C, 9517-C.)

This article was moldy, rancid, and decomposed.

On November 16, 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 62 bags of pecans at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about March 16 and May 8, 1937, by the Consolidated Pecan Sales Co. from Albany, Ga., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Consolidated Pecan Sales Co., Albany, Georgia."

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

On December 7, 1937, no claimant having appeared, judgment of condemnation, with order of destruction, was entered.

HARRY L. BROWN, Acting Secretary of Agriculture.

28403. Adulteration and misbranding of vanilla extract. U. S. v. 474 Bottles of Vanilla Extract. Consent decree of condemnation. Product released under bond for relabeling. (F. & D. No. 41010. Sample No. 36775-C.) This product was a mixture of alcohol, water, vanilla, and caramel color, containing less vanilla oleoresin and a lower lead number than is found in vanilla extract.

On December 4, 1937, the United States attorney for the Western District of Kentucky, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 474 bottles of vanilla extract at Louisville, Ky., in possession of Vertrees Manufacturing Co., alleging that the article had been shipped in interstate commerce on or about November 12, 1937, from New York, N. Y., and charging adulteration and misbranding in violation of the Food and Drugs Act. The shipment had been rejected and returned to the manufacturer, the Vertrees Manufacturing Co. The article was labeled in part: "Pure Extract Vanilla Vertrees Mfg. Co. Louisville, Ky."

It was alleged to be adulterated in that it was colored in a manner whereby inferiority was concealed.

The article was alleged to be misbranded in that the name "Pure Extract Vanilla" was false and misleading and tended to deceive and mislead the purchaser as applied to an article of food which was deficient in vanilla extractive matter.

On December 29, 1937, the Vertrees Manufacturing Co., Louisville, Ky., having appeared as claimant 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 relabeled "Imitation Vanilla."

HARRY L. BROWN, Acting Secretary of Agriculture.

28404. Adulteration of mixed nuts. U. S. v. 54 Boxes of Mixed Nuts. Decree of condemnation. Product ordered released under bond for reconditioning. (F. & D. No. 41103. Sample No. 57915-C.)

These mixed nuts contained filberts which were moldy and decomposed. On December 14, 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 54 boxes of mixed nuts at Baltimore, Md., alleging that the article had been shipped in interstate commerce, on or about November 4, 1937, by the Graham Co. from New York, N. Y., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Pratt-Dale Fancy Mixed Nuts."

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

On December 20, 1937, H. B. Coulson, trading as Coulson & Co., having apneared as claimant, judgment of condemnation was entered and the product was ordered released under bond for reconditioning so as to conform to the requirements of the law.

HARRY L. BROWN, Acting Secretary of Agriculture.

28405. Adulteration of rice. U. S. v. 75 Bags, et al., of Rice. Default decrees of condemnation and destruction. (F. & D. Nos. 40640, 40642, 40842. Sample Nos. 48420-C, 48421-C, 48422-C, 48428-C, 48522-C, 48523-C, 48538-C, 48539-C, 48541-C.)

This article was infested with insects.

On November 1, 2, and 22, 1937, the United States attorneys for the District of Maryland and the District of Columbia, acting upon reports by the Secretary of Agriculture, filed in their respective district courts libels praying seizure and condemnation of 352 bags of rice at Baltimore, Md., and 264 bags of rice at Washington, D. C., alleging that the article had been shipped in interstate commerce in part on or about March 20, March 23, and June 8, 1937, by the Standard Rice Co., Inc., from Houston, Tex., into the District of Columbia, and in part on or about October 22 and October 25, 1937, from Washington, D. C., into the State of Maryland by H. P. Bleser, and charging adulteration in violation of the Food and Drugs Act. Portions of the article were labeled in

part: "Standard Rice Co. Inc. Houston Tex."

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

On December 6, 8, and 14, 1937, no claimant having appeared, judgments of condemnation and forfeiture, with orders of destruction, were entered.

HARRY L. BROWN, Acting Secretary of Agriculture.

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(F. & D.

28406. Adulteration of dried codfish. U. S. v. 24 Bundles of Dried Codfish.
sent decree of condemnation. Product released under bond.
No. 41052. Sample No. 63455-C.)

This product was in part decomposed and putrid.

On December 9, 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 24 bundles of dried codfish at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about October 3, 1937, by Martin Gilbert from Squaw Harbor, Alaska, and charging adulteration in violation of the Food and Drugs Act. The article was labeled: "From Mr. Martin Gilbert."

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

On December 13, 1937, A. Bunzen, Seattle, Wash., having appeared as claimant and consented, judgment of condemnation and forfeiture was entered and it was ordered that the product be released to claimant under bond conditioned that it should not be disposed of in violation of the law.

HARRY L. BROWN, Acting Secretary of Agriculture.

28407. Adulteration and misbranding of lemon extract. U. S. v. 22 Cartons of Alleged Lemon Extract. Default decree of condemnation and destruction. (F. & D. No. 40959. Sample No. 57145-C.)

This product was a hydroalcoholic solution of a substance other than lemon oil that was represented to be pure lemon extract, and the quantity of contents was not declared in terms of liquid measure.

On November 30, 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 22 cartons of alleged lemon extract at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about October 26, 1937, from Fort Sam Houston, San Antonio, Tex., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was originally shipped by the Plantation Extract Corporation from New York, N. Y., to Fort Sam Houston and was there rejected by the Army post. The article was labeled in part: (Bottle) "8 Oz. Pure Extract Lemon Tropical Extract Corp. New York"; (carton) "Contents 8 Ozs. Pure Extract Lemon Plantation Extract Corp. New York, N. Y."

The article was alleged to be adulterated in that a hydroalcoholic solution of a substance other than lemon oil had been substituted wholly or in part for "Pure Extract Lemon," which the article purported to be.

Misbranding was alleged in that the statement "Pure Extract Lemon" was false and misleading and tended to deceive and mislead the purchaser; and in that the article 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 of contents was ambiguous.

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

HARRY L. BROWN, Acting Secretary of Agriculture.

28408. Adulteration and misbranding of butter. U. S. v. 22 Cubes of Butter. Consent decree of condemnation. Product released under bond. (F. & D. No. 41367. Sample No. 63487-C.)

The product was deficient in milk fat.

On December 27, 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 22 cubes of butter at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about December 15, 1937 by Community Creamery from Missouli, Mont., 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 of milk fat.

It was alleged to be misbranded in that it was represented as butter, which representation was false and misleading, since it contained less than 80 percent of milk fat.

On December 28, 1937, Fred Madsen, trading as the Community Creamery, a corporation, appearing as claimant and consenting, judgment of condemnation

and forfeiture was entered. The property was ordered released under bond conditioned that it be brought up to the legal standard under the supervision of this Department.

HARRY L. BROWN, Acting Secretary of Agriculture.

28409. Misbranding of Wood's Golden Syrup. U. S. v. 26 Cases of Wood's Golden Syrup. Consent decree entered. Product ordered released under bond to be relabeled. (F. & D. No. 40018. Sample No. 42167-C.)

The net weight of this product was found to be less than that declared, and its labeling also contained false and fraudulent curative and therapeutic claims. On July 30, 1937, the United States attorney for the Western District of Virginia, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 26 cases of Wood's Golden Syrup at Woodstock, Va., alleging that the article had been shipped in interstate commerce on or about May 7, 1937, by Wood's Mince Meat Co. from Baltimore, Md., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Wood's Mince Meat Co., Baltimore, Md."

It was alleged to be misbranded in that the statement on the label, "Net Weight 2 lbs. 6 Oz.," was false and misleading and tended to deceive and mislead the purchaser as applied to an article that was short 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 since the quantity stated was not correct. It was alleged to be misbranded further in that the statements, "Recommended to aid digestion. Syrup is recommended by medical science as an energy for the brain and a tissue builder," were false and fraudulent.

On August 20, 1937, Wood's Mince Meat Co., claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment was entered ordering the product released under bond to be relabeled under the supervision of this Department.

HARRY L. BROWN, Acting Secretary of Agriculture.

28410. Adulteration of tomato puree. U. S. v. 160 Cases of Tomato Puree. Consent decree of condemnation and destruction. (F. & D. No. 41062. Sample No. 49550-C.)

This product contained excessive mold.

On December 11, 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 160 cases of tomato puree at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about October 19, 1937, by the Butterfield Canning Co. from Muncie, Ind., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Sweetheart Tomato Puree Packed For Franklin MacVeagh and Co. Chicago, Illinois."

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

On December 28, 1937, the claimant having consented to the entry of a decree, judgment of condemnation, with order of destruction, was entered.

HARRY L. BROWN, Acting Secretary of Agriculture.

28411. Misbranding of canned peas. U. S. v. 1,000 Cases of Canned Peas. Product released under bond for relabeling. (F. & D. No. 41036. Sample No. 58008-C.)

This product was substandard because the peas were not immature and it was not labeled to indicate that it was substandard.

On or about December 9, 1937, the United States attorney for the Eastern District of Virginia, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 1,000 cases of canned peas at Richmond, Va., alleging that the article had been shipped in interstate commerce on or about September 25, 1937, from Mount Airy, Md., by Burton Proctor & Son, and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "U8B4 Brand Early June Peas * * * Burton Proctor & Son Distributors Preston, 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

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