district court a libel praying seizure and condemnation of 25 baskets of apples at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about October 14, 1937, from Swedesboro, N. J., by Joe DiBella, 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 or deleterious ingredient, lead, which might have rendered it harmful to health. On November 1, 1937, no claimant having appeared, the product was condemned and ordered destroyed. HARRY L. BROWN, Acting Secretary of Agriculture. 28052. Adulteration of apples and pears. U. S. v. 31 Bushels of Apples and 34 Bushels of Pears. Default decrees of condemnation and destruction. (F. & D. Nos. 40586, 40674. Sample Nos. 49765-C, 59022-C.) These products were contaminated with arsenic and lead. On August 27 and October 4, 1937, the United States attorney for the Northern District of Illinois, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 31 bushels of apples and 34 bushels of pears at Chicago, Ill., alleging that the articles nad been shipped in interstate commerce on or about August 22 and September 20, 1937, by Rosenthal & Stockfish, of Chicago, Ill., from Benton Harbor, Mich., consigned to themselves, and charging adulteration in violation of the Food and Drugs Act. The apples were labeled: "Fred L. Ashman Benton Harbor, Mich."; the pears were labeled: "From Henry Ressel * * * So. Haven, Mich." The articles were alleged to be adulterated in that they contained added poisonous or deleterious ingredients, arsenic and lead, which might have rendered them harmful to health. On October 7 and November 5, 1937, no claimant having appeared, the products were condemned and ordered destroyed. HARRY L. BROWN, Acting Secretary of Agriculture. 28053. Adulteration of apples. U. S. v. 47 Baskets and 56 Baskets of Apples. Default decrees of condemnation and destruction. (F. & D. Nos. 40556, 40590. Sample Nos. 65230-C, 65301-C, 65356-C.) This product was contaminated with lead. On October 13 and 19, 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 103 baskets of apples at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about October 12 and 18, 1937, by Herman Denneler from Riverton, N. J., 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 or deleterious ingredient, lead, which might mave rendered it harmful to health. On November 1 and December 3, 1937, no claimant having appeared, the product was condemned and ordered destroyed. HARRY L. BROWN, Acting Secretary of Agriculture. 28054. Adulteration of apples. U. S. v. 77 Baskets of Apples. Default decree of condemnation and destruction. (F. & D. No. 40547. Sample No 65222-C.) This product was contaminated with lead. On October 14, 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 77 baskets of apples at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about October 13, 1937, by C. A. Collins from Moorestown, N. J., 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 or deleterious ingredient, lead, which might have rendered it harmful to health. On November 1, 1937, no claimant having appeared, the product was condemned and ordered destroyed. HARRY L. BROWN, Acting Secretary of Agriculture. 28055. Adulteration of apples. U. S. v. 30 Bushels of Apples. Product released under bond conditioned that deleterious substance be removed. (F. & D. No. 40543. Sample No. 61725-C.) This product was contaminated with lead-spray residue. On October 14, 1937, the United States attorney for the Western District of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 30 bushels of apples at Pittsburgh, Pa., alleging that the article had been shipped in interstate commerce on or about October 10, 1937, by W. L. Clapper from Hilton, N. Y., and charging adulteration in violation of the Food and Drugs Act. The article was labeled: "W. L. Clapper, Hilton, N. Y." It was alleged to be adulterated in that it contained an added poisonous or deleterious ingredient, lead, which might have rendered it harmful to health. On December 8, 1937, Myron Dobbins, Pittsburgh, Pa., claimant, having admitted the allegations of the libel, and having consented to the entry of a decree, judgment was entered ordering that the apples be released to claimant under bond conditioned that they be cleaned of the poisonous spray residue. HARRY L. BROWN, Acting Secretary of Agriculture. 28056. Adulteration of apples. U. S. v. 104 Baskets of Apples. Default decree of condemnation and destruction. (F. & D. No. 40509. Sample No. 62672-C.) This product was contaminated with lead. On October 9, 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 104 baskets of apples at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about October 8, 1937, by Fletcher Souders from Glassboro, N. J., 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 or deleterious ingredient, lead, which might have rendered it harmful to health. On November 1, 1937, no claimant having appeared, the product was condemned and ordered destroyed. HARRY L. BROWN, Acting Secretary of Agriculture. 28057. Adulteration of apples. U. S. v. 15 Baskets of Apples. Default decree of condemnation and destruction. (F. &. D. No. 40508. Sample No. 62568-C.) This product was contaminated with lead. On October 6, 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 15 baskets of apples at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about October 5, 1937, by Hiram Haines from Medford, N. J., 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 or deleterious ingredient, lead, which might have rendered it harmful to health. On November 1, 1937, no claimant having appeared, the product was condemned and ordered destroyed. HARRY L. BROWN, Acting Secretary of Agriculture. 28058. Adulteration of canned salmon. U. S. v. Snug Harbor Packing Co. Plea of guilty. Fine, $10 and costs. (F. & D. No. 39466. Sample Nos. 11243-C, 11244-C, 22342-C, 22343-C.) This product was in part decomposed. On June 14, 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 an information against Snug Harbor Packing Co., a corporation, Seattle, Wash., alleging shipment by the defendant on or about August 14, 1936, from the Territory of Alaska into the State of Washington of a quantity of canned salmon which was adulterated in violation of the Food and Drugs Act. 71077-38-3 It was alleged to be adulterated in that it consisted in whole and in part of a decomposed animal substance. On October 30, 1937, a plea of guilty was entered in behalf of the defendant, and it was sentenced to pay a fine of $10 and costs. HARRY L. BROWN, Acting Secretary of Agriculture. 28059. Adulteration of canned salmon. guilty. Fine, $100 and costs. 22102-C, 22103-C, 22116-C.) This product was in part decomposed. U. S. v. Premier Salmon Co. Plea of (F. & D. No. 39465. Sample Nos. 22055-C, On June 14, 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 an information against the Premier Salmon Co., a corporation, Seattle, Wash., alleging shipment by the defendant on or about August 11, 1936, from the Territory of Alaska into the State of Washington of a quantity of canned salmon which was adulterated in violation of the Food and Drugs Act. It was alleged to be adulterated in that it consisted in whole and in part of a decomposed animal substance. On November 20, 1937, a plea of guilty was entered on behalf of the defendant, and it was sentenced to pay a fine of $100 and costs. HARRY L. BROWN, Acting Secretary of Agriculture. 28060. Adulteration of canned salmon. U. S. v. Al Jones (Kustatan Packing Co.). Plea of guilty. Fine, $200, payment of which was suspended. (F. & D. No. 39463. Sample Nos. 11038-C, 11039-C, 11045-C, 11047-C, 11391-C, 11392-C, 11393-C.) This product was in part decomposed. On June 14, 1937, the United States attorney for the third division of the District of Alaska, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Al Jones, trading as the Kustatan Packing Co., at Anchorage, Alaska, alleging shipment by the defendant on or about July 21, 24, 26, 27, and 29, and August 2, 1936, from the Territory of Alaska into the State of Washington of quantities of canned salmon which. was adulterated in violation of the Food and Drugs Act. It was alleged to be adulterated in that it consisted in whole and in part of a decomposed animal substance. On January 7, 1938, a plea of guilty was entered by the defendant, and he was sentenced to pay a fine of $200, which was suspended. HARRY L. BROWN, Acting Secretary of Agriculture. 28061. Adulteration and misbranding of fruit flavors. U. S. v. 24 Cases of TruFruit Swans Down Ade (and two other seizure actions). Default decrees of condemnation and destruction. (F. & D. Nos. 40167, 40268, 40269. Sample Nos. 46584-C, 46585-C, 46586-C, 46597-C, 46598-C, 46708-C, 46709-C, 46711-C to 46714-C, incl.) These products were labeled to indicate that they were fruitade bases, whereas portions consisted of artificially colored mixtures of water, sugar, and acid, containing artificial flavor or citrus-oil flavor and little or no fruit juice; and the remainder consisted of sirupy liquids containing acid, water, artificial color, and artificial flavor. The quantity of the contents of the former was declared in terms of weight instead of volume. On August 27 and September 13, 1937, the United States attorneys for the Western District of New York 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 24 cases of Swans Down Ade at Rochester, N. Y., and 57 cartons of Thirst Ade at Youngstown, Ohio, alleging that the articles had been shipped in interstate commerce on or about April 13 and June 7 and 11, 1937, by the R. C. McAteer Co. from Pittsburgh, Pa., and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. A portion was labeled (Bottles) "Tru-Fruit Swans Down Ade * * Net Wgt. 12 Oz. R. C. McAteer Co., Pittsburgh, Pa." The remainder was labeled: "Thirst Ade * * Household Specialty Co. Pittsburgh, Pa." The articles were alleged to be adulterated in that they were mixed and colored in a manner whereby inferiority was concealed. The Swans Down Ades were alleged to be misbranded in that the following statements on the bottle labels were false and misleading and tended to deceive NOTICES OF JUDGMENT * 19 and mislead the purchaser when applied to articles that were mixtures of water, sugar, acid, artificial color and artificial flavor or citrus-oil flavor, containing little or no fruit juice, "Tru-Fruit * "Lemon," "Orange," "Lemon-Lime," or "Grape"]"; in that they were imitations Ade Cherry [or "Raspberry," of and were offered for sale under the distinctive names of other articles, namely, cherry, raspberry, lemon, orange, lemon-lime, or grape True-Fruit Ades and in that they were food in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package since it was declared in terms of weight instead of volume. The Thirst Ades were alleged to be misbranded in that the following statements and device in the labeling were false and misleading and tended to deceive and mislead the purchaser when applied to sweet sirupy liquids containing acid, water, artificial color, and artificial flavor, (bottles) "Ade Raspberry [or "Cherry" or "Grape"] True-Fruit Flavor * * * Ade Punch * card with portion) "Ade * Tru-Fruit Ade," (display card with remainder) "Ade Grape Cherry * ** Raspberry," (display True Fruit," and a vignette of fruit which included representations of cherries * Grape Cherry * * * Raspberry * * ** and raspberries; and in that they were imitations of and were offered for sale under the distinctive names of other articles, namely, raspberry, cherry, or grape true fruit flavors. * * * On October 15 and October 28, 1937, no claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed. HARRY L. BROWN, Acting Secretary of Agriculture. 28062. Adulteration and misbranding of honey. U. S. v. 59 Tins and 174 Jars of Honey. Default decree of condemnation and sale. 40214, 40262. Sample Nos. 43615-C, 43616-C, 44149-C.) (F. & D. Nos. This product was represented to be honey but consisted of a mixture of glucose and honey. It was also short of the declared weight. On August 30 and September 11, 1937, the United States attorney for the Northern District of Georgia, acting upon a report by the Secretary of Agriculture, filed in the district court two libels praying seizure and condemnation of 59 tins and 174 jars of honey at Atlanta, Ga., alleging that the article was shipped in interstate commerce on or about May 13, July 30, and August 7, 1937, from Chattanooga, Tenn., by G. W. Bagwell, and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Honey Packed by G. W. Bagwell Chattanooga, Tenn. ** Net Wt. 16 Ozs." [or "41⁄2 Lbs." or "2 Lbs."]." It was alleged to be adulterated in that a mixture of glucose and honey had been substituted for honey, which it purported to be, and in that it was mixed in a manner whereby inferiority was concealed. Misbranding was alleged in that the statements, "Honey," "Net Wt. 41⁄2 Lbs," "Net Wt. 2 Lbs," and "Net Wt. 16 Oz.," as they appeared, were false and misleading and tended to deceive and mislead the purchaser when applied to an article that was a mixture of glucose and honey and that was short weight; in that the article was an imitation of and was offered for sale under the distinctive name of another article, namely, honey; 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. On October 2 and 9, 1937, no claimant having appeared, judgments of condemnation were entered and it was ordered that the labels be stripped and the product sold. On December 7, 1937, its sale for distribution through charitable channels was confirmed by the court. HARRY L. BROWN, Acting Secretary of Agriculture. 28063. Misbranding of peanut butter. U. S. v. 37 Cases of Peanut Butter. This product was short weight. On August 31, 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 37 cases of peanut butter at Louisville, Ky., alleging shipment in interstate commerce on or about June 29, 1937, from New Brockton, Ala., by Southland Peanut Products Co., and charging misbranding in violation of the Food and Drugs Act as amended. * The article was labeled in part: "Contents 12 Özs. Net When Packed * Manufactured for A. Wahking & Sons, Louisville, Ky." It was alleged to be misbranded in that the statement on the label, "Contents 12 Ozs. Net When Packed," was false and misleading and tended to deceive and mislead the purchaser when 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 was not stated correctly. On December 18, 1937, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be turned over to a charitable institution. HARRY L. BROWN, Acting Secretary of Agriculture. 28064. Adulteration and misbranding of cocktail fruit juice. U. S. v. 10 Cartons of Cocktail Fruit Juice (and 1 other seizure action). Default decrees of condemnation and destruction. (F. & D. Nos. 40225, 40228. Sample Nos. 21070-C, 48505-C.) These products were labeled to indicate that they were lemon juice; whereas they were artificially colored acid mixtures, containing in one instance less than 15 percent of lemon juice and in the other little or no lemon juice. On August 31, 1937, the United States attorneys for the District of Massachusetts and the District of Columbia, acting upon reports by the Secretary of Agriculture, filed in the district courts libels praying seizure and condemnation of 10 cartons of cocktail fruit juice at Boston, Mass., and 10 cartons of a similar product at Washington, D. C., alleging that the articles had been shipped in interstate commerce on or about August 17, 1937, by the Castle Products Co., Inc., from Irvington, N. J., and charging adulteration and misbranding in violation of the Food and Drugs Act. One product was labeled in part: "Tomahawk Brand Cocktail Fruit Juice Lemon Castle Products, Inc., Newark, N. J."; the other was labeled in part: “Banner Brand Cocktail Fruit Juice ** Bottled Expressly for Banner Bros. Wash ington, D. C. Lemon." ** * The articles were alleged to be adulterated in that they were mixed and colored in a manner whereby inferiority was concealed. * They were alleged to be misbranded in that the following statements in the labeling were false and misleading and tended to deceive and mislead the purchaser since they implied that the articles were pure lemon juice, whereas they were not, one consisting of a mixture of acid, water, citrus oil, artificial color, and less than 15 percent of lemon juice and the other consisting of a mixture of water, acid, artificial color, and fruit_pulp, containing little or no lemon juice: (Tomahawk brand) "Fruit Juice Lemon Use As the Juice of Fresh Fruit * * Use whenever lemon juice is desired. Two tablespoons are equal to the juice of one lemon. Contains the juice of tree-ripened, California-squeezed lemons"; (Banner brand) "Cocktail Fruit Juice Use as the juice of Fresh Fruit Contains Natural Fruit Juice * * * Lemon." They were alleged to be misbranded further in that they were imitations of and offered for sale under the distinctive name of another article, namely, lemon juice. They were alleged to be misbranded further in that the statements of composition, (Tomahawk brand) "Contains the juice of tree-ripened California squeezed lemons. Flavor, fruit acid, cert. color and 10 of 1% sodium benzoate added" and (Banner brand) "Contains Natural Fruit Juice, Fruit Acid, Certified Color and 10 of 1% Benzoate of Soda"; were misleading and tended to deceive and mislead the purchaser since the former contained 85 percent of water and the latter contained about 95 percent of water, and the water was not declared. On October 11 and 18, 1937, no claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed. HARRY L. BROWN, Acting Secretary of Agriculture. 28065. Adulteration of butter. U. S. v. 42 Tubs of Butter. Consent decree of condemnation. Product released under bond for reworking. No. 40243. Sample Nos. 34077-C, 34078-C.) (F. & D. This product contained less than 80 percent of milk fat. On or about August 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 42 tubs of butter at Chicago, Ill., alleging that the article had been shipped in interstate |