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commerce on or about October 29, 1937, by C. M. Jones from Norwalk, 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 which might have rendered it injurious to health. On December 16, 1937, no claimant having appeared, the product was condemned and ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28081. Adulteration and misbranding of preserves. U. S. v. 30 Cases and 2 Cases of Preserves. Default decree of condemnation with provision for delivery to charitable institutions. (F. & D. No. 37550. Sample Nos. 62627-B, 62628-B, 62629-B.)

The products covered by this action contained less fruit and more sugar than standard preserves. All contained added pectin; the red raspberry contained added acid and the plum contained excess moisture.

On April 6, 1936, the United States attorney for the District of Columbia, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 32 cases, containing among other products, a number of jars of the preserves hereinafter described, at Washington, D. C., alleging that the articles had been shipped in interstate commerce on or about August 2, 1935, and January 22, 1936, from Pittsburgh, Pa., by Lutz & Schramm Co., and charging adulteration and misbranding in violation of the Food and Drugs Act. The articles were labeled in part: "L & S Pure Preserves Lutz & Schramm Co. Pittsburgh, Pa. * * * Red Raspberry [or "Blackberry" or "Pure Plum"] Preserves."

Adulteration was alleged in that sugar, acid, and pectin in the case of the raspberry; sugar and pectin with respect to the blackberry; and sugar, pectin, and water that should have been removed by boiling in the case of the plum preserves, had been mixed and packed with the articles so as to reduce or lower their quality; in that the said mixtures containing less fruit and more sugar than preserves should contain had been substituted for preserves, which they purported to be; and in that the articles had been mixed in a manner whereby inferiority was concealed.

Misbranding was alleged in that the articles were imitations of and were offered for sale under the distinctive names of other articles of food; and in that the statements on the labels, "Pure Preserves Red Raspberry [or "Blackberry" or "Plum"] Preserves * * ** Guaranteed Pure," were false and misleading and tended to deceive and mislead the purchaser when applied to products resembling preserves but which contained less fruit than preserves. On November 24, 1937, the claimant having filed no answer, judgment of condemnation was entered and the products were ordered turned over to charitable institutions.

HARRY L. BROWN, Acting Secretary of Agriculture.

28082. Adulteration of canned tuna. U. S. v. Van Camp Sea Food Co. Inc. Plea of nolo contendere. Fine, $200. (F. & D. No. 38065. Sample Nos. 16215-B, 60129-B.)

This product was in part decomposed.

On March 4, 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 an information against Van Camp Sea Food Co., Inc., Terminal Island, Calif., alleging sale and delivery by said defendant on or about January 6, 17, and 28, and February 11 and 18, 1936, to Smart & Final Co., Ltd., at Wilmington, Calif., of certain quantities of canned tuna under a guaranty that the article was not adulterated within the meaning of the Food and Drugs Act; that on March 7, 1936, the said Smart & Final Co., Ltd., shipped a quantity of the product in the identical condition as when so sold and delivered by the defendant, from the State of California into the State of Nevada; that the article was adulterated in violation of the Food and Drugs Act. It was labeled in part: "S and F Fancy Tuna Packed for Smart & Final Co. Ltd."

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

On February 14, 1938, a plea of nolo contendere was entered on behalf of the defendant and the court imposed a fine of $200.

HARRY L. BROWN, Acting Secretary of Agriculture.

28083. Adulteration and misbranding of olive oil. U. S. v. Paul Monacelli (Bettola Grocery). Plea of guilty. Fine, $175, $150 of which was suspended and defendant placed on probation for 3 months. (F. & D. No. 38602. Sample Nos. 66601-B, 66602-B.) These two lots of alleged olive oil consisted in large part of cottonseed oil and rapeseed oil, respectively.

On June 11, 1937, the United States attorney for the District, of New Jersey, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Paul Monacelli, trading as Bettola Grocery, at West New York, N. J., alleging that on or about January 2, 1936, the said defendant had shipped from the State of New Jersey into the State of Rhode Island quantities of alleged olive oil which was adulterated and misbranded in violation of the Food and Drugs Act.

The article was alleged to be adulterated in that artificially colored cottonseed oil in one instance and rapeseed oil in the other had been mixed and packed with it so as to reduce, lower, and injuriously affect its quality and strength, and had been substituted in part for olive oil, which it purported to be.

Misbranding was alleged in that the statements, "Olive Oil" on the label of one lot, and "Italian Produce Sublime Olive Oil Imported Lucca

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* The Olive Oil contained in this can is pressed from fresh picked high grown fruit, packed by the grower under the best sanitary condition, and guaranteed to be absolutely pure under any chemical analysis" on the label of the other, were false and misleading and were borne on the said labels so as to deceive and mislead the purchaser.

On November 19, 1937, a plea of guilty was entered by the defendant and the court imposed a fine of $175, $150 of which was suspended and defendant was placed on probation for 3 months.

HARRY L. BROWN, Acting Secretary of Agriculture.

28084. Adulteration and misbranding of vinegar. U. S. v. Canelea Trobridge Worthington (Ridgeville Cider & Vinegar Co.). Plea of guilty. Fine, $20 and costs. (F. & D. No. 38604. Sample Nos. 51547-B, 51557-B, 51558-B, 51559-B.)

One of these lots of vinegar was short in volume, two were deficient in acid; and the other two lots were both short in volume and deficient in acid.

On June 22, 1937, the United States attorney for the District of Maryland, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Canelea Trobridge Worthington, trading as Ridgeville Cider & Vinegar Co., Baltimore, Md., alleging that on or about May 5, 11, 13, 21, 26, and 27, 1936, the said defendant had shipped from the State of Maryland into the State of Virginia quantities of vinegar which was adulterated and misbranded in violation of the Food and Drugs Act. The article was labeled in part: "Pure Apple Cider Vinegar Log Cabin Manufactured and Guaranteed by Interstate Fruit Product Co. ** * * Baltimore, Md."

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All lots with one exception were alleged to be adulterated in that a product deficient in acid and containing excessive water had been substituted in whole and in part for pure apple cider vinegar from apples only, which the article purported to be.

Misbranding was alleged in that the statements in the labeling, "Pure Apple Cider Vinegar Made From Apples Only," with respect to certain lots, and the statements "Contents 12 Fl. Oz.," "Full Strength," "Contents 1 Pt. 8 Oz., Full Weight Guaranteed," "Contents 1 Pt. 8 Oz.," and "Full Strength [or "Full Weight" or "W'g't"]" with respect to certain lots were false and misleading, and in that said statements were borne on the labels so as to deceive and mislead the purchaser since the article, with the exception of one lot, was not pure apple cider vinegar made from apples only but was a product deficient in acid containing excessive water and in the case of certain lots the bottles contained less than declared.

Further misbranding was alleged with respect to certain lots in that the article was food in package form and the quantity of contents was not plainly and conspicuously marked on the outside of the packages.

On November 19, 1937, a plea of guilty was entered by the defendant and the court imposed a fine of $20 and costs.

HARRY L. BROWN, Acting Secretary of Agriculture,

28085. Adulteration and misbranding of butter.

poration. Plea of guilty.
13659-C.)

U. S. v. De Luxe Foods CorFine, $25. (F. & D. No. 38634. Sample No.

This product contained less than 80 percent of milk fat.

On August 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 an information against the De Luxe Foods Corporation, New Orleans, La., alleging that on or about September 10, 1936, the defendant had shipped from the State of Mississippi into the State of Louisiana a quantity of butter which was adulterated and misbranded in violation of the Food and Drugs Act. It was labeled: "Butter De Luxe Foods Corporation, New Orleans, La." 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, which it purported to be.

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Misbranding was alleged in that the statement "Butter," borne on the packages, was false and misleading and in that the article was labeled so as to deceive and mislead the purchaser since the said statement represented that the article was butter, a product which should contain not less than 80 percent by weight of milk fat, as prescribed by the act of March 4, 1923; whereas it contained a less amount.

On February 7, 1938, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $25.

HARRY L. BROWN, Acting Secretary of Agriculture.

28086. Adulteration of crab meat. U. S. v. Charles Wesley Howeth and Robert Howeth (Charles W. Howeth & Bro.). Pleas of guilty. Fine, $90 and costs. (F. & D. No. 38641. Sample Nos. 6658-B, 7527-C, 7869-C, 7871-C, 7885-C, 7887-C.)

This product contained evidence of the presence of filth.

On April 16, 1937, the United States attorney for the District of Maryland, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Charles Wesley Howeth and Robert Howeth, copartners trading as Charles W. Howeth & Bro., Crisfield, Md., alleging that on or about July 16, 1934, and August 4, 5, 10, 12, and 13, 1936, the defendants had shipped from the State of Maryland into the States of New York and Pennsylvania quantities of crab meat that was adulterated 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 animal substance.

On November 19, 1937, pleas of guilty were entered by the defendants and the court imposed fines totaling $90, together with costs.

HARRY L. BROWN, Acting Secretary of Agriculture.

28087. Adulteration and misbranding of crab meat. U. S. v. William H. T. Coulbourne and Frederick S. Jewett (Coulbourne & Jewett). Plea of guilty. Fine, $100 and costs. (F. & D. No. 38652. Sample No. 7947-C.)

This product contained evidence of the presence of filth.

On March 17, 1937, the United States attorney for the District of Maryland, acting upon a report by the Secretary of Agriculture, filed in the district court an information against William H. T. Coulbourne and Frederick S. Jewett, copartners trading as Coulbourne & Jewett at St. Michaels, Md., alleging shipment by the defendants on or about August 11, 1936, from the State of Maryland into the State of Pennsylvania of a quantity of crab meat that was adulterated and misbranded in violation of the Food and Drugs Act. The article was labeled in part: "Ryan's Brand Extra Fancy Crabmeat Packed expressly for M. J. Ryan, Philadelphia, Pa."

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

Misbranding was alleged in that the label bore the statement "This Can Contains Fresh-picked Crabmeat, Carefully Handled in Strict Accordance with State and National Pure Food Laws"; that the cans did not contain fresh-picked crab meat; that their contents had not been carefully handled in strict accordance with National and State pure food laws; and that the above-quoted statement was false and misleading.

On November 19, 1937, pleas of guilty were entered by the defendants and the court imposed a single fine of $100, together with costs.

HARRY L. BROWN, Acting Secretary of Agriculture.

28088. Adulteration and misbranding of coffee. U. S. v. Curtis E. Smith (Interstate Coffee Co.). Plea of nolo contendere. Sentence suspended and defendant placed on probation for 30 days. (F. & D. No. 38663. Sample Nos. 13448-C, 13498-Č, 15837-C.)

This product contained cereal and, with the exception of one lot, also chicory. On May 15, 1937, the United States attorney for the Southern District of Georgia, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Curtis E. Smith, trading as the Interstate Coffee Co., Augusta, Ga., alleging shipment by the defendant on or about August 21 and September 11 and 29, 1936, from the State of Georgia into the States of North Carolina and South Carolina of quantities of coffee which was adulterated and misbranded in violation of the Food and Drugs Act. Respective portions of the article were labeled in part: "White Label Fresh Roasted Pure Coffee * A Product of Interstate Coffee Co. Augusta, Ga."; and "Rio Fresh Roasted Ground Coffee Packed for Johnson Bros. Charlotte, N. C."

The article was alleged to be adulterated in that a product composed in part of cereal, two of the three lots also containing chicory, had been substituted for coffee, which it purported to be.

Misbranding was alleged in that the statements, "Fresh Roasted Pure Coffee" and "Rio Fresh Roasted Ground Coffee," were false and misleading and were borne on the bags so as to deceive and mislead the purchaser; and in that the product was offered for sale and sold under the distinctive name of another article, "Rio Coffee" in the case of one lot and "Pure Coffee" in the case of the other lots.

On November 26, 1937, a plea of nolo contendere having been entered, the court suspended sentence and placed the defendant on probation for 30 days. HARRY L. BROWN, Acting Secretary of Agriculture.

28089. Adulteration of canned salmon. U. S. v. Lindenberger Packing Co. Plea of guilty. Fine, $28 and costs. (F. & D. No. 38689. Sample Nos. 10916-C, 10924-C, 23785-C, 23797-C, 23814-C, 23825-C.)

This product was in part decomposed.

On June 8, 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 Lindenberger Packing Co., a corporation, Seattle, Wash., alleging shipment by the defendant on or about August 15, 20, and 28 and September 3, 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.

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

On December 20, 1937, a plea of guilty was entered on behalf of the defendant and it was sentenced to pay a fine of $28 and costs.

HARRY L. BROWN, Acting Secretary of Agriculture.

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28090. Adulteration of canned shrimp. U. S. v. 23 Cases of Shrimp. cree of condemnation and destruction. (F. & D. No. 38716. Sample No. 17390-C.)

This product was in part decomposed.

On November 25, 1936, the United States attorney for the Middle District of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 23 cases of canned shrimp at Wilkes-Barre, Pa., alleging that the article had been shipped in interstate commerce on or about September 15, 1936, from Bayou Labatre, Ala., by the Deer Island Fish & Oyster Co., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Gulf's Best Brand Shrimp Wet Pack. Packed by Deer Island Fish & Oyster Co., Bayou Labatre, Ala., and Biloxi, Miss."

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

On October 25, 1937, the sole intervenor, the Deer Island Fish & Oyster Co., having withdrawn its appearance, judgment of condemnation was entered and the product was ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28091. Adulteration of tomato paste. U. S. v. 421 Cases, 853 Cases, 255 Cases, and 129 Cases of Tomato Paste. Consent decree of condemnation. Product released under bond for segregation of portion fit for human consumption, and destruction of remainder. (F. & D. Nos. 38851, 38901, 38936, 39959. Sample Nos. 17031-C, 17033-C, 17564-C, 26455-C.)

Samples of this product were found to contain filth resulting from worm and insect infestation.

On December 19, 1936, and January 4, 11, and 14, 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 four libels praying seizure and condemnation of 1,658 cases of tomato paste at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about October 16, 21, and 25 and November 4, 1936, from Harbor City and Los Angeles, Calif., by the Harbor City Food Corporation, and charging adulteration in violation of the Food and Drugs Act. The article was variously labeled in part: "Campagnola Brand Tomato Paste Harbor City Food Corporation Los Angeles California"; "Diaz Brand Salsa di Pomidoro Con Basilico Natural Color. Solafani Bros. Brooklyn, N. Y. Distributors Tomato Paste"; "Cara Brand Tomato Paste Italian Style * * * Distributors Acierno Bros., Brooklyn, N. Y.” The article was alleged to be adulterated in that it consisted in whole or in part of a filthy vegetable substance.

On December 16, 1937, and January 17, 1938, the Harbor City Food Corporation, claimant, having admitted the allegations of the libels and having consented to the entry of decrees, judgments of condemnation were entered and the product was ordered released under bond for segregation of the portion fit for human consumption, and for destruction of the remainder.

HARRY L. BROWN, Acting Secretary of Agriculture.

28092. Adulteration of tomato paste. U. S. v. 19 Cases of Tomato Paste. Default decrce of condemnation and destruction. (F. & D. No. 38907. Sample No. 17029-C.)

This product contained filth resulting from worm infestation.

On January 5, 1937, 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 19 cases of tomato paste at Jersey City, N. J., alleging that the article had been shipped in interstate commerce on or about November 25, 1936, by Paolo Alonge & Bros. from Brooklyn, N. Y., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Campagnola Brand Tomato Paste * Packed by Harbor City Food Corp. Los Angeles, California."

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The article was alleged to be adulterated in that it consisted in whole 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.

HARRY L. BROWN, Acting Secretary of Agriculture.

28093. Adulteration of butter. U. S. v. Randolph Stuart Gillespie (Piedmont Creamery). Plea of nolo contendere. Fine, $50 and costs. (F. & D. No. 39469. Sample No. 22591-C.)

This product was deficient in milk fat.

On June 16, 1937, the United States attorney for the Western District of North Carolina, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Randolph Stuart Gillespie, trading as Piedmont Creamery, Statesville, N. C., alleging shipment by the defendant on or about January 18, 1937, from the State of North Carolina into the State of Virginia of a quantity of butter which was adulterated in violation of the Food and Drugs Act.

It was alleged to be adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter, a product which should contain not less than 80 percent by weight of milk fat as prescribed by the act of March 4, 1923, which it purported to be.

On October 25, 1937, upon the entry of a plea of nolo contendere, the defendant was sentenced to pay a fine of $50 and costs.

HARRY L. BROWN, Acting Secretary of Agriculture.

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