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Lake City, Utah, alleging that the article had been shipped in interstate commerce on or about September 16, 1937, by American Commerce Co. from San Francisco, Calif., and charging adulteration in violation of the Food and Drugs Act.

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

On January 21, 1938, Symns Utah Grocer Co., Salt Lake City, Utah, having appeared as claimant, judgment of condemnation was entered, and the product was ordered released under bond conditioned that the nuts be cracked and shelled and the unfit portion destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

28565. Adulteration of pecan meats. U. S. v. 7 Cases of Pecan Meats. Default decree of condemnation and destruction. (F. & D. No. 40967. Sample

No. 54942-C.)

Samples of this product were found to be rancid, decomposed, and shriveled. On November 30, 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 seven cases of pecan meats at Boston, Mass., alleging that the article had been shipped in interstate commerce on or about March 20, 1937, by the Associated Pecan Co. from Valdosta, Ga., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "From Associated Pecan Co. Valdosta, Ga."

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

On February 14, 1938, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

28566. Adulteration of apples. U. S. v. 74 Bushels of Apples. Default decree of condemnation and destruction. (F. & D. No. 41239. Sample No. 46115-C.)

This product was contaminated with arsenic and lead.

On December 3, 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 74 bushels of apples at Wausau, Wis., alleging that the article had been shipped in interstate commerce on or about October 17, 1937, by Cohodas Bros. from Frankfort, Mich., and charging adulteration in violation of the Food and Drugs Act. The article was labeled: "Packed by George E. Iverson, Arcadia, Mich.-Arlie L. Hopkins, Bear Lake, Mich."

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

On January 7, 1938, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

28567. Misbranding of canned peas. U. S. v. 382 Cases of Canned Peas. Product ordered released under bond to be relabeled. Sample No. 61868-C.)

(F. & D. No. 40903.

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

On November 23, 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 382 cases of canned peas at Erie, Pa., alleging that the article had been shipped in interstate commerce on or about October 2, 1937, by Phillips Sales Co., Inc., from Cambridge, Md., and charging misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Phillips Delicious Early June Peas Packed by Phillips Packing Co., Inc., Cambridge, 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 prescribed by the Secretary indicating that it fell below such standard.

On January 6, 1938, Phillips Sales Co., Inc., claimant, having admitted the allegations of the libel, judgment was entered ordering release of the product under bond to be relabeled under the supervision of this Department.

W. R. GREGG, Acting Secretary of Agriculture.

28568. Misbranding of canned peas. U. S. v. 98 Cases of Canned Peas. Default decree of condemnation. Product delivered to charitable institution. (F. & D. No. 41272. Sample No. 37764-C.)

This product was substandard because the peas were not immature and it contained excess foreign material, and it was not labeled to indicate that it was substandard.

On December 29, 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 98 cases of canned peas at Mount Vernon, N. Y., alleging that the article had been shipped in, interstate commerce on or about July 16, 1937, by the Phillips Commission Co. per Nuttle Canning Co., from Denton, Md., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Nuttle Brand Early June Peas, Packed by Nuttle Canning Company, Denton, 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, it contained excess foreign material, and its package or label did not bear a plain or conspicuous statement prescribed by the regulations of this Department indicating that it fell felow such standard. On January 21, 1938, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a charitable institution. W. R. GREGG, Acting Secretary of Agriculture.

28569. Misbranding of candy. U. S. v. 45 Boxes of Candy. Default decree of condemnation and destruction. (F. & D. No. 41087. Sample No. 61246-C.) This product was artificially colored and flavored, and it contained sulphur dioxide. It also was short weight.

On December 22, 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 45 boxes of candy at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about November 6, 1937, by the Puritan Chocolate Co. from Cincinnati, Ohio, and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Box) "Chocolate Cherry Cobbler The Puritan Chocolate Co., Cincinnati, Ohio."

It was alleged to be misbranded in that the labeling was false and misleading and tended to deceive and mislead the purchaser when applied to an article containing artificial coloring, artificial flavor, and sulphur dioxide, which was not declared. It was alleged to be misbranded further in that the statement "Net Weight 2 Oz. or Over," borne on the wrapper, 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 contents was not plainly and conspicuously marked on the outside of the wrapper, since the statement of contents was not correct and the wrapper was folded in such manner that the statement was covered.

On January 28, 1938, no claimant having appeared, Judgment of condemnation was entered and the product was ordered destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

28570. Misbranding of candy. U. S. v. 8 Cases of Candy. Default decree of condemnation and destruction. (F. & D. No. 41194. Sample No. 50583–C.) The net weight of this product was less than that claimed in the contents statement that was inconspicuously placed on the bottom of the box.

On December 22, 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 eight cases of candy at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about November 22 and December 3, 1937, by Head Candies, Inc., from Atlanta, Ga., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Wrapper) "Head Candies, Inc. Atlanta Peanut Brittle 10 Ounces Net Weight."

It was alleged to be misbranded in that the statement "10 Ounces Net weight" 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 contents was not plainly and conspicuously marked on the outside of the package since the quantity stated was not correct and the statement of net weight was inconspicuous.

On January 19, 1938, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

28571. Adulteration of candy. U. S. v. 7 Cases of Candy. Default decree of condemnation and destruction. (F. & D. No. 41099. Sample No. 60563-C.)

This product contained excessive lead.

On December 14, 1937, the United States attorney for the District of New Mexico, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of seven cases of candy, labeled "Piloncillo," at Santa Fe, N. Mex., alleging that the article had been shipped in interstate commerce on or about August 30, 1937, by PickensBunting Co. from El Paso, Tex., 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 injurious to health.

On January 19, 1938, 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.

28572. Adulteration of apple butter. U. S. v. 24 Cartons of Apple Butter. Default decree of condemnation and destruction. (F. & D. No. 41402. Sample No. 45035-C.)

This product was infested with insects and mites.

On January 12, 1938, the United States attorney for the Northern District of California, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 24 cartons of apple butter at Oakland, Calif., alleging that the article had been shipped in interstate commerce on or about May 7, 1937, by Preserves & Honey, Inc., from New York, N. Y., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Jar) "Acme Brand Pure Apple Butter * * * Preserves & Honey, Inc., New York, N. Y."

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

On January 27, 1938, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

Consent decree of

28573. Adulteration of butter. U. S. v. 157 Cubes of Butter. condemnation. Product released under, bond to be reworked. No. 41366. Sample Nos. 62015-C, 62137-C.)

(F. & D.

This product contained less than 80 percent of milk fat. On December 20, 1937, the United States attorney for the Western 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 157 cubes of butter at Buffalo, N. Y., alleging that the article had been shipped in interstate commerce on or about November 23, 1937, by the Fairmont Creamery Co., from Devils Lake, N. Dak., and charging adulteration 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.

On January 24, 1938, the Fairmont Creamery Co., claimant, having admitted the allegations of the libel 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 reworked under the supervision of this Department so as to comply with the law.

W. R. GREGG, Acting Secretary of Agriculture.

28574. Adulteration and misbranding of potatoes. U. S. v. 400 Sacks of Potatoes. Default decree of condemnation. Product delivered to a charitable institution. (F. & D. No. 41466. Sample No. 887-D.)

This product was below the grade declared on the label because of excessive grade defects consisting mostly of net necrosis.

On January 18, 1938, the United States attorney for the District of Massachusetts, acting upon a report by the Secretary of Agriculture, filed in the dis trict court a libel praying seizure and condemnation of 400 sacks of potatoes at Boston, Mass., alleging that the article had been shipped in interstate commerce by Paul Jackins from Houlton, Maine, on or about January 8, 1938, and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Maine U. S. No. 1 Spudo Brand Potatoes Paul Jackins Houlton, Me."

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

It was alleged to be misbranded in that the statement "U. S. No. 1" was false and misleading and tended to deceive and mislead the purchaser when applied to potatoes below U. S. Grade No. 1.

On January 26, 1938, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be delivered to a charitable institution in order that the portion which was not decomposed might be used by such institution.

W. R. GREGG, Acting Secretary of Agriculture.

28575. Adulteration and misbranding of potatoes. U. S. v. 400 Sacks of Pota. toes. Default decree of condemnation. Product delivered to a charitable institution. (F. & D. No. 41434. Sample No. 883-D.)

This product was below the grade declared on the label because of serious damage by net necrosis.

On January 14, 1938, 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 400 sacks of potatoes at Boston, Mass., alleging that the article had been shipped in interstate com merce on or about January 7, 1938, by W. C. Hand from Oakfield, Maine, and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "U. S. Grade No. 1 * Packed by W. C. Hand, New Limerick, Maine."

*

*

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

It was alleged to be misbranded in that the statement "U. S. Grade No. 1" was false and misleading and tended to deceive and mislead the purchaser when applied to potatoes below U. S. Grade No. 1.

On January 31, 1938, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be delivered to a charitable institution in order that the potatoes which were not decomposed might be made use of by such institution.

W. R. GREGG, Acting Secretary of Agriculture.

28576. Adulteration and misbranding of Solvohol. U. S. v. 30 Gallons of Solvohol G. F. (and 12 other seizure actions against similar products). Default decrees of condemnation and destruction. (F. & D. Nos. 41013, 41043, 41045, 41077, 41101, 41102, 41113, 41136, 41154, 41156, 41157, 41169, 41181. Sample Nos. 13973-C, 36778-C, 36779-C, 43449-C, 47591-C, 47701-C, 54359-C, 56722-C, 65076-C, 71196-C, 71226-C, 71231-C, 71301-C.) These products were sold as food solvents. Analyses showed that they consisted in whole or in large part of a glycol or a glycol ether, or both, poisons. On December 10, 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 30 gallons of Solvohol G. F. at New Orleans, La. On various dates between December 9 and December 22, 1937, libels were filed against 153 gallons of Solvohol G. F., 18 gallons of Solvohol G, and 10 gallons of Solvohol A. 1., in various lots at Davenport, Iowa; New Orleans, La.; Atlantic City, N. J.; Cincinnati and Cleveland, Ohio; Louisville, Ky.; Birmingham, Ala.; Greenfield, Ind.; Atlanta, Ga.; Philadelphia, Pa.; and Jersey City, N. J. The libels alleged that the articles had been shipped in interstate commerce on various dates between May 12, 1936, and December 3, 1937, from Brooklyn, N. Y., by Felton Chemical Co., Inc., and charged adulteration and misbranding in violation of the Food and Drugs Act. Portions of the articles were labeled in part: "Solvohol G. F. [or "G" or "A. 1"] From Felton Chemical Co. Brooklyn, New York."

The articles were alleged to be adulterated in that a poisonous substance, a glycol or a glycol ether, or both, had been substituted in whole or in part for food-flavor solvents, which they purported to be.

All the articles except one unlabeled lot of Solvohol G. were alleged to be misbranded in that the statements, "Solvohol G. F.," "Solvohol A. 1.," and Solvohol G.," borne on the labels, were false and misleading and tended to deceive and mislead the purchaser. All lots were alleged to be misbranded in that they were sold under the distinctive names of other articles, Solvohol G. F., Solvohol A. 1., and Solvohol G, food-flavor solvents.

On various dates between January 10 and April 20, 1938, no claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

28577. Adulteration and misbranding of imitation vanilla flavor. U. S. v. 2 Jugs and 10 Cans of Vanilla Flavor Imitation. Default decrees of condemnation and destruction. (F. & D. Nos. 41051, 41127. Sample Nos. 57157-C, 65155-C.)

This product contained diethylene glycol, a poison.

On December 9 and 15, 1937, the United States attorneys for the Eastern Dis trict of Pennsylvania and the District of New Jersey, acting upon reports by the Secretary of Agriculture, filed in the district courts libels praying seizure and condemnation of 2 gallon jugs of imitation vanilla flavor at Philadelphia, Pa., and 10 pound cans of the product at Hoboken, N. J. The libels alleged that the article had been shipped in interstate commerce on or about August 16 and September 18, 1937, from Brooklyn, N. Y., by the Standard Specialty Sales Co., and that it was adulterated and misbranded in violation of the Food and Drugs Act. The article was labeled in part: "Vanoyl Concentrated Vanilla Flavor Imitation."

It was alleged to be adulterated in that a product containing a glycol, a poi son, had been substituted in whole or in part for a food flavor, which it pur ported to be; and in that it contained an added poisonous or deleterious ingredient, a glycol, which might have rendered it injurious to health.

It was alleged to be misbranded in that the statement, "Vanoyl Imitation Concentrated Vanilla Flavor," was false and misleading and tended to deceive and mislead the purchaser when applied to an article containing a glycol, a poison. The libel filed in the District of New Jersey alleged that the article was misbranded further in that it was sold under the distinctive name of another article, a food flavor.

On January 21 and April 4, 1938, no claimant having appeared, judgments of condemnation were entered and the article was ordered destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

28578. Adulteration and misbranding of food-flavor solvents. U. S. v. 1 Glass Jug and 1 Can of Sungam. Default decree of condemnation and destruction. (F. & D. No. 41438. Sample Nos. 721-D, 722-D.)

These products were sold as food solvents. One lot consisted of carbitol, a solvent composed of a glycol or a glycol ether, or both, poisons; and the other consisted of diethylene glycol, a poison.

On or about January 22, 1938, the United States attorney for the Southern District of Florida, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of one glass jug and one can of food solvents at Jacksonville, Fla., alleging that the articles had been shipped in interstate commerce on or about September 11, 1937, from New York, N. Y., by Mangus, Mabee & Reynard, Inc., and charging adulteration and misbranding in violation of the Food and Drugs Act. One lot was labeled in part: "Magnus, Mabee & Reynard * * Sungam M. M. & R. V. V."

*

The articles were alleged to be adulterated in that a poisonous substance, a glycol, or a glycol ether, or both, had been substituted in whole or in part for food-flavor solvents, which they purported to be.

Misbranding was alleged with respect to one lot in that the statement "Sungam M. M. & R. V. V." was false and misleading and tended to deceive and mislead the purchaser when applied to a poison unfit for use as a food-flavor solvent. Both lots were alleged to be misbranded in that they were offered for sale under the distinctive names of other articles, "Sungam M. M. & R." and "Sungam M. M. & R. V. V.," food-flavor solvents.

On March 10, 1938, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

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