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commerce on or about August 7, 1937, from El Reno, Okla., by the W. D. Wright Produce Co., 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, as provided for by the act of Congress of March 4, 1923.

On September 23, 1937, the W. D. Wright Produce 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.

HARRY L. BROWN, Acting Secretary of Agriculture.

28066. Adulteration and misbranding of lemon juice flavor. U. S. v. 39 Jugs of Lemon Juice Flavor. Default decree of condemnation and destruction. (F. & D. No. 40253. Sample No. 38187-C.)

This product was an artificially colored and flavored acid solution containing no fruit juice, and was labeled to convey the impression that it was lemon juice. It was also short in volume.

On September 7, 1935, the United States attorney for the District of New Jersey, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 39 jugs of lemon juice flavor at Newark, N. J., alleging that the article had been shipped in interstate commerce on or about August 17, 1937, by Sunkist Fruit Juice Co. from the Bronx, N. Y., and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Carton) "Sunkist Lemon-Mixer Flavor * Made by Sunkist Fruit Juice Co. New York"; (jug) “Sunkist Lemon Juice Flavor"; (blown into jug) "Full Gallon." It was alleged to be adulterated in that it was mixed and colored in a manner whereby inferiority was concealed.

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It was alleged to be misbranded in that the statements in the labeling, (carton) "Lemon Mixer" and (jug) "Lemon Juice Used wherever lemons are required Made With Fresh Fruit * Superior Quality," were false and misleading and tended to deceive and mislead the purchaser in that they implied that the article was pure lemon juice, whereas it was not pure lemon juice but, was an artificially colored and flavored acid solution containing no fruit juice; in that the statement blown into the jug, “Full Gallon," was false and misleading and tended to deceive and mislead the purchaser when applied to an article that was short in volume; in that the article was an imitation of and was offered for sale under the distinctive name of another article, namely, lemon juice; 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 26, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28067. Adulteration of shelled peanuts. U. S. v. 198 Bags of Shelled Peanuts. Consent decree of condemnation. Product released under bond to be disposed of for purposes other than human food. (F. & D. No. 40261. Sample No. 31623-C.)

This product was insect-infested.

On September 10, 1937, the United States attorney for the Southern District of Ohio, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 198 bags of shelled peanuts at Cincinnati, Ohio, consigned on or about August 19, 1937, alleging that the article had been shipped in interstate commerce by the Southern Cotton Oil Co. from Cordele, Ga., 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 vegetable substance.

On November 16, 1937, the Southern Cotton Oil Co., Atlanta, Ga., 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 used for animal feed or for purposes other than human consumption.

HARRY L. BROWN, Acting Secretary of Agriculture.

28068. Adulteration of apples. U. S. v. 64 Boxes of Apples. condemnation and destruction. (F. & D. No. 40271.

Default decree of Sample No. 36078-C.)

This product was contaminated with arsenate of lead. On August 30, 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 64 boxes of apples at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about August 25, 1937, by the Apple Growers Association from Hood River, Oreg., 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, arsenate of lead, which might have rendered it injurious to health.

On October 1, 1937, no claimant having appeared, the product was condemned and ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28069. Adulteration and misbranding of butter. U. S. v. 15 Cartons of Butter. Default decree of condemnation. Product delivered to charitable organizations. (F. & D. No. 40275. Sample No. 46724-C.)

This product contained less than 80 percent of milk fat.

On August 31, 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 15 cartons of butter at Buffalo, N. Y., alleging that it had been shipped in interstate commerce on or about August 23, 1937, by Producers Creamery from Marion, Ind., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: (Wrapper) "Packed Expressly for The Red and White Stores, Buffalo, N. Y. Cool Spring Butter."

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It was alleged to be adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter.

It was alleged to be misbranded in that the statement "Butter" was false and misleading since it contained less than 80 percent of milk fat.

On October 28, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to various charitable organizations.

HARRY L. BROWN, Acting Secretary of Agriculture.

28070. Adulteration and misbranding of flour,

U. S. v. 191 Sacks and 82 Sacks

of Flour. Default decrees of condemnation and destruction. (F. & D. Nos. 40166, 40250. Sample Nos. 13963-C, 13970-C.) This product was adulterated because of weevil infestation and was misbranded because the statements "Bleached" and "Phosphate Added" were inconspicuously printed in pale yellow type on white or unbleached cotton

sacks.

On September 2 and 4, 1937, the United States attorney for the Eastern Distrist of Louisiana, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 273 sacks of flour at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about July 17 and 19, 1937, by Ballard & Ballard Co., Inc., from Louisville, Ky., and charging adulteration and misbranding in violation of the Food and Drugs Act. A portion was labeled: (Sacks) "Bleached Southern Favorite Pure Flour Phosphate Added New South Flour Co. Louisville, Ky." The remainder was labeled: "Bleached Dorothy Perkins Flour Phos

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phate Added Ballard & Ballard Co. Incorporated Louisville, Ky." The article was alleged to be adulterated in that it consisted wholly or in part of a filthy vegetable substance.

It was alleged to be misbranded in that the statements "Bleached" and "Phosphate Added" were false and misleading and tended to deceive and mislead the purchaser since they were inconspicuously placed.

On October 15, 1937, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28071. Misbranding and alleged adulteration of butter. U. S. v. 37 Cases and 91 Cases of Butter. Decrees of condemnation. Product released under bond for reworking. (F. & D. Nos. 40254, 40274. Sample Nos. 35336-C, 35338-C.)

This product contained less than 80 percent by weight of milk fat. On August 27 and September 1, 1937, the United States attorney for the Western District of Tennessee, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 128 cases of butter at Memphis, Tenn., alleging that the article had been shipped in interstate commerce on or about August 20 and 26, 1937, from Bruce, Miss., by the Yorkshire Creamery Co., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled: "Riverdale Brand Creamery Butter"; or "Morrell's Yorkshire Farm Brand Creamery Butter."

It 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 as provided by the act of Congress of March 4, 1923.

It was alleged to be misbranded in that the statement "Butter," on the label, was false and misleading since it contained less than 80 percent of milk fat. On October 11, 1937, the Yorkshire Creamery Co., Bruce, Miss., and John Morrell & Co., Memphis, Tenn., claimants, having admitted that the product was deficient in milk fat, judgment was entered finding it misbranded and ordering that it be condemned and released under bond for reworking.

HARRY L. BROWN, Acting Secretary of Agriculture.

Default decree

28072. Adulteration of apples. U. S. v. 32 Bushels of Apples. of destruction. (F. & D. No. 40270. Sample No. 35478-C.) This product was contaminated with arsenic and lead. On September 4, 1937, the United States attorney for the Western District of Missouri, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 32 bushels of apples at Joplin, Mo., alleging that the article had been shipped in interstate commerce on or about August 31, 1937, by G. L. Maples from Bentonville, Ark., consigned to the Maples City Market, Joplin, Mo., 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 injurious to health.

On December 29, 1937, no claimant having appeared, judgment was entered ordering that the product be destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28073. Misbranding of canned tomatoes.

De

U. S. v. 200 Cases of Tomatoes. cree of condemnation. Product released under bond to be relabeled. (F. & D. No. 40282. Sample No. 41079-C.)

This product fell below the standard for canned tomatoes established by this Department because the tomatoes did not consist of whole or large pieces; and it was not labeled to indicate that it was substandard.

On September 11, 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 200 cases of canned tomatoes at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about August 23, 1937, by Val Vita Food Products, Inc., of Fullerton, Calif., from Los Angeles Harbor, Calif., and charging misbranding in violation of the Food and Drugs Act. The article was labeled in part: (Can) "Val Vita Brand Tomatoes with Puree from Trimmings Made from Whole Ripe Tomatoes * Val Vita Food Products, Inc. Distributors Fullerton, California."

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 it did not consist of whole or large pieces; 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 October 22, 1937, Val Vita Food Products, Inc., Fullerton, Calif., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released to claimant under bond conditioned that it be relabeled in compliance with the law.

HARRY L. BROWN, Acting Secretary of Agriculture.

28074. Adulteration of apples. U. S. v. 18 Baskets of Apples. Default decree of condemnation and destruction. (F. & D. No. 40591. Sample No. 65235-C.)

This product was contaminated with lead.

On October 19, 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 18 baskets of apples at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about October 18, 1937, by A. Digerolamo from Blue Anchor, 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 December 3, 1937, no claimant having appeared, the product was condemned and ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28075. Adulteration of apples. U. S. v. 37 Baskets of Apples. Default decree of condemnation and destruction. (F. & D. No. 40593. Sample No. 65347-C.) This product was contaminated with lead.

On October 16, 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 37 baskets of apples at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about October 15, 1937, by Charles Battles from Beverly, 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 December 3, 1937, no claimant having appeared, the product was condemned and ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28076. Adulteration of apples. U. S. v. 68 Baskets and 78 Baskets of Apples. Default decrees of condemnation and destruction. (F. & D. Nos. 40546, 40596. Sample Nos. 65219-C, 65403-C.)

This product was contaminated with lead.

On October 14 and 16, 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 libels praying seizure and condemnation of 146 baskets of apples at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about October 13 and 15, 1937, by Preston Roberts 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 and December 3, 1937, no claimant having appeared, the product was condemned and ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28077. Misbranding of canned peas. U. S. v. 48 Cases of Peas. Decree of condemnation and destruction. (F. & D. No. 39626. Sample No. 42009-C.) 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 May 20, 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 48 cases of canned peas at Norfolk, Va., alleging that the article had been shipped in interstate

commerce on or about January 18, 1937, by the H. J. McGrath Co. from Baltimore, Md., and charging adulteration in violation of the Food and Drugs Act as amended. The article was labeled in part: "McGrath's Early June Peas * Champion Brand. The H. J. McGrath Co. Baltimore, Md. U. S. A.

Distributors."

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 the 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 January 7, 1938, a representative of the claimant, the H. J. McGrath Co., having informed the United States attorney that condemnation would not be contested, the product was condemned and ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28078. Adulteration of apples. U. S. v. 31 Bushels and 19 Bushels of Apples. Decrees of condemnation and destruction. (F. & D. Nos. 40662, 40855. Sample Nos. 59641-C, 59775-C.)

This product was contaminated with arsenic and lead.

On October 12 and 30, 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 two lots, totaling 50 bushels, of apples at Chicago, Ill., alleging that the article had been shipped in interstate commerce on October 6 and 27, 1937, from Benton Harbor, Mich., by Abe Weisberg of Chicago; Ill. (one lot consigned to himself), and charging adulteration in violation of the Food and Drugs Act. A portion of the article was labeled: "J. F. Smith Benton Harbor, Mich." The remainder was labeled: "Julius Schlipp Coloma, Mich."

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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 3, 1937, and January 6, 1938, the claimant for one lot having consented to the entry of a decree and no claim having been entered for the other lot, the product was condemned and ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28079. Adulteration of apples. U. S. v. 215 Crates and 140 Bushels of Apples. Default_decrees of condemnation and destruction. (F. & D. Nos. 40680, 40738. Sample Nos. 59467-C, 59656-C.)

This product was contaminated with arsenic and lead.

On October 1 and 15, 1937, the United States attorney for the Northern District of Indiana, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 215 crates and 140 bushels of apples at Hammond, Ind., alleging that the article had been shipped in interstate commerce in part on or about September 28, 1937, from Hartford, Mich., by H. Shlensky & Sons (consigned to H. Shlensky & Sons, of Hammond, Ind.), and in part on or about October 7, 1937, from Riverside, Mich., by Hyman Shlensky (consigned to Hyman Shlensky & Sons, of Hammond, Ind.), and charging adulteration in violation of the Food and Drugs Act. A portion was labeled: "Herbert Chabot Riverside Mich." The remainder was unlabeled. 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 13 and December 6, 1937, no claimant having appeared, the product was condemned and ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28080. Adulteration of apples. U. S. v. 45 Baskets of Apples. Default decree of condemnation and destruction. (F. & D. No. 40847. Sample No. 50299-C.)

This product was contaminated with arsenic and lead.

On November 3, 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 45 baskets of apples at Minneapolis, Minn., alleging that the article had been shipped in interstate

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