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28094. Adulteration of tomato puree. U. S. v. Frazier Packing Corporation. Plea of guilty. Fine, $50. (F. & D. No. 39472. Sample Nos. 4968-C, 4969-C.)

This product contained excessive mold.

On June 15, 1937, the United States attorney for the Southern District of Indiana, acting upon a report by the Secretary of Agriculture, filed in the district court an information (amended October 16, 1937) against the Frazier Packing Corporation, Elwood, Ind., alleging shipment by the defendant on or about November 24 and 29, 1936, from the State of Indiana into the State of Illinois of quantities of tomato puree which was adulterated in violation of the Food and Drugs Act. The article was labeled in part: "Ward Rose Brand Tomato Puree Packed for C. E. Ward & Sons Decatur, Ill."

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

On October 16, 1937, a plea of guilty was entered and the defendant was sentenced to pay a fine of $50.

Default de

HARRY L. BROWN, Acting Secretary of Agriculture. 28095. Adulteration of canned beets. U. S. v. 279 Cases of Beets. cree of destruction. (F. & D. No. 39564. Sample No. 30449-C.) This product was in part decomposed.

On May 5, 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 279 cases of canned beets at Kansas City, Mo., alleging that the article had been shipped in interstate commerce on or about January 19, 1937, by the Mammoth Springs Canning Co. from Sussex, Wis., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Summer Girl Brand Beets Packed for the H. D. Lee Mercantile Company, Kansas City, Missouri, Salina, Kansas."

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

On October 18, 1937, no claimant having appeared, the product was adjudged adulterated and its destruction was ordered.

HARRY L. BROWN, Acting Secretary of Agriculture.

28096. Adulteration and misbranding of tomato catsup. U. S. v. 173 Cases of Tomato Catsup. Default decree of destruction. (F. & D. No. 39583. Sample No. 22568-C.)

This product contained filth resulting from worm infestation and was short weight.

On May 14, 1937, the United States attorney for the Northern District of Florida, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 173 cases of tomato catsup at Marianna, Fla., alleging that the article had been shipped in interstate commerce on or about November 14, 1936, by the San Carlos Canning Co. from Los Angeles, Calif., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Topco Brand Tomato Catsup * * Net Contents 6 Lb. 12 Oz. Packed by Tomato Packing Corp., Harbor City, 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.

It was alleged to be misbranded in that the statement on the label, "Net Contents 6 Lb. 12 Oz.," was false and misleading and deceived and misled the purchaser; and in that it was food in package form and the correct quantity of the contents was not plainly and conspicuously marked on the outside of the package.

On November 23, 1937, no claimant having appeared, judgment was entered ordering that the product be destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28097. Adulteration and misbranding of frozen egg yolk. U. S. v. 381 Cans of Frozen Egg Yolk. Consent decree of condemnation. Product released under bond for relabeling. (F. & D. No. 39687. Sample No. 8877-C.)

This product contained excess added egg white.

On June 4, 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 381 cans of frozen egg yolk at Jersey

City, N. J., alleging that the article had been shipped in interstate commerce on or about May 17, 1937, by the Highway Butter & Egg Co. from Indianapolis, Ind., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Yolks with approx. 10% Sugar."

The article was alleged to be adulterated in that a mixture of egg yolk, egg white, and sugar had been substituted wholly or in part for egg yolk and sugar, which it purported to be.

It was alleged to be misbranded in that the statement "Yolks with approx. 10% Sugar" was false and misleading and tended to deceive and mislead the purchaser when applied to an article that contained excess egg white.

On July 1, 1937, the Highway Butter & Egg Co., Inc., 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 relabeled under the supervision of this Department.

HARRY L. BROWN, Acting Secretary of Agriculture.

28098. Adulteration and misbranding of ground oats. U. S. v. Shawnee Milling Co. (a corporation, trading as Okeene Milling Co.). Plea of guilty. Fine, $50 and costs. (F. & D. No. 39819. Sample No. 2082-C.)

This product contained excess oat hulls and less protein and more fiber than declared.

On November 19, 1937, the United States attorney for the Western District of Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the district court an information against the Shawnee Milling Co., a corporation trading as the Okeene Milling Co., at Okeene, Okla., alleging shipment by said company on or about November 20, 1936, from the State of Oklahoma into the State of Texas of a quantity of ground oats that were adulterated and misbranded in violation of the Food and Drugs Act. The article was labeled in part: (Tag) "Ground Oats Manufactured by Hugo Milling Co., Hugo, Oklahoma."

The article was alleged to be adulterated in that excessive oat hulls had been mixed and packed therewith so as to lower and reduce and injuriously affect its quality and strength and had been substituted in part for ground oats, which it purported to be.

It was alleged to be misbranded in that the statements on the tag, "Ground Oats" and "Guaranteed Analysis Crude Protein not less than 10.00% Crude Fiber, not more than 11.00%," were false and misleading and were borne on the tag so as to deceive and mislead the purchaser since said statements represented that the article consisted wholly of ground oats and contained not less than 10 percent of crude protein and not more than 11 percent of crude fiber; whereas it consisted in large part of excessive oat hulls, and contained less than 10 percent of crude protein, namely, not more than 8.44 percent, and contained more than 11 percent of crude fiber, namely, not less than 21.54 percent.

On December 14, 1937, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $50 and costs.

HARRY L. BROWN, Acting Secretary of Agriculture.

28099. Misbranding of canned tomatoes. U. S. v. 316 Cases of Canned Tomatoes. Consent decree of condemnation. Product released under bond for relabeling. (F. & D. Nos. 40130, 40131, 40132. Sample Nos. 43793-C, 43795-C, 43796-C.)

This product was not normally colored and was not labeled to indicate that it was substandard. A portion was falsely labeled as to the State in which it was packed.

On August 27, 1937, the United States attorney for the Northern District of Florida, acting upon reports by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 316 cases of canned tomatoes in various lots at Quincy and Tallahassee, Fla., alleging that the article had been shipped in interstate commerce on or about June 9 and 17, 1937, from Thomasville, Ga., by Allen Packing Co., Inc., and charging misbranding in violation of the Food and Drugs Act as amended. A portion of the product was labeled in part: “Palm Beach Gardens Brand Tomatoes Allen Packing Co., Inc., Thomasville, Georgia." The remainder was labeled in part: "Palm Beach Brand Tomatoes * * * Packed Fresh From the Sunny Fields of Florida Sunshine Canning Corporation, Pahokee, Florida, Distributors."

It was alleged that the article was misbranded in that it was canned food and fell below the standard of quality and condition promulgated by the Secretary of Agriculture, since it was not normally colored and its package or label did not bear a plain and conspicuous statement prescribed by the Secretary of Agriculture indicating that it fell below such standard.

Further misbranding was alleged in that the statement appearing on one lot, "Packed Fresh From The Sunny Fields of Florida," was false and misleading and tended to deceive and mislead the purchaser when applied to tomatoes which were not packed in Florida, the statement being incorrect because the tomatoes were packed at Thomasville, Ga.

On October 20, 1937, Love & Hearin Co. and Higdon Grocery Co., of Quincy, Fla., and the Daffin Mercantile Co., of Tallahassee, Fla., claimants, 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 relabeled to conform with the law.

HARRY L. BROWN, Acting Secretary of Agriculture.

28100. Adulteration of blueberries.

U. S. v. 5 Crates of Blueberries. Default decree of condemnation and destruction. (F. & D. No. 40133. Sample No. 21263-C.)

This product contained maggots.

On August 5, 1937, the United States attorney for the District of Massachu-' setts, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of five crates of blueberries at Boston, Mass., consigned about August 5, 1937, alleging that the article had been shipped from Salisbury, Md., by Thomas Davis, and charging adulteration in violation of the Food and Drugs Act.

It was alleged that the article was adulterated in that it consisted in whole or in part of a filthy, decomposed, or putrid vegetable substance.

On October 4, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28101. Misbranding of canned tomatoes. U. S. v. 344 Cases of Canned Tomatoes. Decree of condemnation. Product released under bond to be relabeled. (F. & D. No. 41302. Sample No. 36793-C.)

This product was not normally colored and was not labeled to indicate that it was substandard.

On December 30, 1937, the United States attorney for the Eastern District of Kentucky, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 344 cases of canned tomatoes at London, Ky., shipped on or about September 22 and 29, 1937, alleging that the article had been shipped in interstate commerce by the Lewis Canning Co. from Ewing, Va., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Ritchie's Favorite Brand Hand Packed Tomatoes * * Packed by Barren Creek Canning Co., Tazewell Tenn. [or "Packed by A. B. Ritchie Canning Co. New Tazewell Tenn."]."

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, in that the tomatoes were not normally colored, and its 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 February 15, 1938, Mark Lewis, Tazewell, Tenn., having appeared as claimant, judgment of condemnation was entered and the product was ordered released under bond conditioned that it be relabeled under the supervision of this Department.

HARRY L. BROWN, Acting Secretary of Agriculture.

28102. Adulteration and misbranding of noodles. U. S. v. 369 Cartons of Noodles (and 1 other seizure action against the same product). Decrees of condemnation. A portion was delivered to a charitable agency; remainder destroyed. (F. & D. Nos. 40155, 40634, 40635. Sample Nos. 38233-C, 38254-C, 56996–C, 56997-C.)

This product was labeled to indicate that it derived its coloring solely from egg yolks; whereas it contained an added color, annatto.

On August 20 and November 1, 1937, the United States attorneys for the Southern District of New York, acting upon reports by the Secretary of Agri

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culture, filed in their respective district courts libels praying seizure and condemnation of 369 cartons of noodles at New York, N. Y., and 297 cases of noodles at Forest Hills, Long Island, N. Y., alleging that the article had been shipped in interstate commerce on or about February 13, April 23, May 28, and June 15, 1937, by V. Viviano & Bros. Macaroni Mfg. Co., Inc., from St. Louis, Mo., and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: (Packages) "DeLuxe Pure Egg Noodles Made with Fresh Egg Yolks * * V. Viviano & Bros. Macaroni Mfg. Co., Inc."

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

It was alleged to be misbranded in that the statement, "Pure Egg Noodles Made with Fresh Egg Yolks," was false and misleading and tended to deceive and mislead the purchaser when applied to an article that was colored with annatto.

On November 8, 1937, and January 14, 1938, the claimant for the goods seized at New York City having consented to the entry of a decree and the claim in the other proceeding having been withdrawn, judgments of condemnation were entered. The former lot was ordered delivered to a charitable agency and the latter lot was ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28103. Adulteration and misbranding of De-Raef Milk Mineral Salts.

U. S. v. De-Raef Corporation and Ernest D. Fear. Corporation fined $200 on plea of guilty. Ernest D. Fear fined $4 on plea of nolo contendere. (F. & D. No. 38677. Sample Nos. 6609-C, 19017-C.) This product was represented to consist of milk mineral salts; whereas it was not a mineral and was not derived from milk but consisted in large part of dextrose.

On September 27, 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 an information against the De-Raef Corporation, trading at Kansas City, Mo., and Ernest D. Fear, alleging shipment by said defendants in violation of the Food and Drugs Act on or about August 31 and September 23, 1936, from the State of Missouri into the State of Texas of quantities of De-Raef Milk Mineral salts that were adulterated and misbranded. The article was labeled in part: "De-Raef Corporation Kansas City, Mo." The article was alleged to be adulterated in that a product composed in large part of dextrose had been substituted for milk mineral salts, which it purported to be.

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It was alleged to be misbranded in that the statement "Milk Mineral Salts," borne on the drum label, was false and misleading, and was borne on said label so as to deceive and mislead the purchaser into the belief that it consisted of milk mineral salts; whereas it was not milk mineral salts and was not derived from milk, but was composed in large part of dextrose.. It was alleged to be misbranded further in that it was offered for sale and sold under the distinctive name of another article.

On October 9, 1937, a plea of guilty was entered on behalf of the corporation and a plea of nolo contendere was entered by defendant Ernest D. Fear. The corporation was fined $200 and Ernest D. Fear was fined $4.

HARRY L. BROWN, Acting Secretary of Agriculture.

28104. Adulteration of apples. U. S. v. 153 Baskets of Apples. Default decree of condemnation and destruction. (F. & D. No. 40378. Sample No. 58632-C.)

This product was contaminated with lead. On September 21, 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 153 baskets of apples at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about September 20, 1937, from Moorestown, N. J., by Harold Collins, 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 October 9, 1937, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28105. Adulteration of apples. U. S. v. 46 Bushels and 15 Crates of Apples. Default decree of condemnation and destruction. (F. & D. No. 40456. Sample Nos. 49420-C, 49421-C.)

This product was contaminated with arsenic and lead.

On September 13, 1937, the United States attorney for the Northern District of Indiana, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 46 bushels and 15 crates of apples at Hammond, Ind., alleging that the article had been shipped in interstate commerce on or or about August 31 and September 1, 1937, from Benton Harbor, Mich., by Pictor's Open Air Market, of Hammond, Ind., to itself, and charging adulteration in violation of the Food and Drugs Act. A portion was labeled: "Wealthy * * * Fred Rosenbaum R. 3 Benton Harbor, Mich." 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 October 12, 1937, no claimants having appeared, judgment of condemnation was entered and the product was ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28106. Adulteration of apples. U. S. v. 34 Baskets and 20 Bushels of Apples. Default decrees of condemnation and destruction. (F. & D. Nos. 40494, 40501. Sample Nos. 59440-C, 59639-C.)

This product was contaminated with arsenic and lead.

On September 30 and October 9, 1937, the United States attorney for the Southern District of Iowa, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 24 baskets and 20 bushels of apples at Muscatine, Iowa, alleging that the article had been shipped in interstate commerce on or about September 26 and October 5, 1937, from Benton Harbor, Mich. (hauled by truck of Nelson Graham to himself at Muscatine, Iowa), and charging adulteration in violation of the Food and Drugs Act. A portion of the article was labeled: "Bertha Bahm Route 2 Watervliet, Mich." The remainder was labeled: "August Lull R Two Benton Harbor, Mich."

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 6, 1937, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

HARRY L. BROWN, Acting Secretary of Agriculture.

28107. Adulteration and misbranding of macaroni products. U. S. v. 3 Cases of Macaroni, et al. Default decrees of condemnation and destruction. (F. & D. Nos. 38310, 38973 to 38976, incl. Sample Nos. 31233-C, 31234-C, 31236-C, 31237-C, 36101-C to 36106-C, incl.)

These products were colored with annato. In portions the quantity-ofcontents statement was incorrect, indistinct, or inconspicuously placed.

On or about January 23 and June 26, 1937, the United States attorney for the District of Montana, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 614 cases and 46 cartons of macaroni products at Butte, Mont., alleging that the articles had been shipped in interstate commerce between the dates of October 1, 1936, and January 20, 1937, from Salt Lake City, Utah, by the Western Macaroni Manufacturing Co., and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. Most of the articles were labeled in part, "Queen's Taste" or "Carnation Brand," together with the various types or shapes "Spaghetti," "Macaroni," "Alphabet," "Fancy Rings," etc. A few lots were labeled "Egg Noodles."

The articles were alleged to be adulterated in that they had been colored in a manner whereby inferiority was concealed. Portions were alleged to be adulterated further in that products containing artificial color, had been substituted in whole or in part for products made from semolina, which they purported to be. The egg noodles were alleged to be adulterated further in that products containing artificial color, a part of which was deficient in eggs, had been substituted for egg noodles, which they purported to be.

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