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The article was alleged to be misbranded in that the statement “Red Sour Cherries Pitted", borne on the label, was false and misleading when applied to partially pitted red sour cherries. It was alleged to be misbranded further in that it fell below the standard of quality and condition promulgated by the Secretary of Agriculture for such canned food since it consisted of partially pitted water-pack red sour cherries and its package or label did not bear a plain and conspicuous statement prescribed by the Secretary of Agriculture indicating that it was below such standard and showing that it consisted of partially pitted water-pack red sour cherries.

On February 8, 1937, the Pacific Fruit & Produce Co., claimant, having consented to the entry of a decree, judgment of condemnation was entered, and it was ordered that the product be released under bond conditioned that it be relabeled in compliance with the law.

W. R. GREGG, Acting Secretary of Agriculture,

27067. Adulteration of apples. U. S. v. 30 Crates of Apples. Default decree of

condemnation and destruction. (F. & D, no. 38742. Sample no, 26003-C.) This product was contaminated with arsenic and lead.

On November 13, 1936, 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 30 crates of mixed apples at Chicago, Ill., alleging that they had been shipped in interstate commerce on or about November 8, 1936, by Hyman Doniger from Bangor, 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 and deleterious ingredients, arsenic and lead, which might have rendered it harmful to health.

On December 29, 1936, 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.

27068. Adulteration of concentrated tomato. U. S. v. 36 Cases of Concentrated

Tomato. Default decree of condemnation and destruction, (F. & D.

no. 35781. Sample no. 25732-C.) This product contained excessive mold.

On December 14, 1936, 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 36 cases of concentrated tomato at Chicago, Ill., alleging that it had been shipped in interstate commerce on or about November 10, 1936, by John S. Mitchell, Inc., from Sharpsville, Ind., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: “Concentrated Tomato

Liberty Bell Brand

Packed Expressly For R. Gerber & Co., Chicago, Ill. Guaranteed under all Food Laws Made in U. S. A.”

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

On January 27, 1937, 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.

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27069. Adnlteration of Brazil nuts. U. S. v. 27 Baskets of Brazil Nuts. Default

decree of condemnation and destruction. (F. & D. no. 38785. Sample no.

23956-C.) These nuts were moldy and rancid.

On December 10, 1936, 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 27 baskets of Brazil nuts at Seattle, Wash., alleging that they had been shipped in interstate commerce on or about September 26, 1935, by General Food Sales Co., Inc., from Hoboken, N. J., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "King Cole Large Rite Brazil Nuts."

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

On March 18, 1937, 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.

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27070. Adulteration of canned prunes. U. S. v. 17 Cases of Canned Prunes.

Default decree of eondemnation and destruction. (F. & D. no. 38787.

Sample no. 24083-C.)

This case involved canned prunes that were in part decomposed.

On December 10, 1936, the United States attorney for the Eastern District

of Washington, acting upon a report by the Secretary of Agriculture, filed in

the district court a libel praying seizure and condemnation of 17 cases of
canned prunes at Spokane, Wash., alleging that they had been shipped in inter-
state commerce on or about October 6, 1936, by the Western Oregon Packing Cor-
poration, from Corvallis, Oreg., and charging adulteration in violation of the
Food and Drugs Act. The article was labeled: "Falls Brand Italian
Prunes

Packed for Roundup Grocery Co. Spokane, Washington.”

It was alleged to be adulterated in that it consisted in whole or in part

of a decomposed vegetable substance.

On March 30, 1937, 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.

27071. Adulteration and misbranding of tomato catsup. U. S. v. 350 Cases of

Tomato Catsup (and five other seizure actions). Default decrees of

condemnation and destruction. (F. & D, nos. 38789, 38852, 39140, 39173,

39306, 39307. Sample nos. 10459–C, 13892-C, 13894–C, 15933-C, 16273-C,

16274-C.)
This product contained filth resulting from worm infestation and a part was

short in weight.

On or about December 11 and 23, 1936, February 26, March 4, and April 1,

1937, the United States attorneys for the Northern District of Georgia and

the Eastern District of Louisiana, acting upon reports by the Secretary of

Agriculture, filed in their respective district courts libels praying seizure and

condemnation of 889 cases of canned tomato catsup at Atlanta, Ga., and 400

cases of the product at New Orleans, La., alleging that it had been shipped in

Interstate commerce by San Carlos Canning Co., in part on or about September

25, 1936, from Long Beach, Calif., in part on or about October 15, 1936, from

San Carlos, Calif., and in part on or about October 25, 1936, from Los Angeles,

Calif., and charging that it was adulterated and that a portion was also mis-

branded in violation of the Food and Drugs Act. A portion of the article was

labeled: "Topco Brand Tomato Catsup

Net Contents 6 Lbs. 12 Oz.

Packed by Tomato Packing Corp., Harbor City, California.” The remainder

was labeled : "Fair Play Brand Net Weighử 6 Lbs. 12 Oz. or 3.06 Kilograms

Tomato Catsup

Parrott & Co. San Francisco, California.”

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

in part of a filthy vegetable substance.

Certain shipments of the article were alleged to be misbranded in that the

statement "Net Contents 6 Lbs. 12 Ozs." with respect to a portion of the Topco

brand and the statement "Net Weight 6 Lbs. 12 Oz. or 3.06 Kilograms" with

respect to the Fair Play brand were false and misleading and tended to de-

ceive 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 con-

tents was not plainly and conspicuously marked on the outside of the package

since the statement made was incorrect.

On February 8, April 3, April 14, and May 17, 1937, no claimant having

appeared, judgments of condemnation were entered and it was ordered that

the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

27072. Adulteration of canned tomato pulp. U. S. v. 291 Cans of Tomato Pulp.

Default decree of condemnation and destruction. (F. & D. no. 38820.

Sample nos. 21477-C, 21494-C, 21496-C.)

This product contained filth resulting from worm infestation.

On December 15, 1936, the United States attorney for the Eastern District

of Missouri, acting upon a report by the Secretary of Agriculture, filed in the

district court a libel praying seizure and condemnation of 291 cans of tomato

pulp at St. Louis, Mo., alleging that it had been shipped in interstate commerce

on or about September 14, 1936, by the M. & R. Canning Co., from Owensboro,

Ky., 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 February 18, 1937, no claimant having appeared judgment of condemna-

tion was entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

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27073. Adulteration of tomato paste. U. S. v. 34, 30, and 75 Cases of Tomato

Paste, Decrees of condemnation. Decomposed portion destroyed; good portion released. (F. & D. nos. 38780, 38837, 38855. Sample nos.

12197-1', 12198-C, 26359-C.) This product was in large part decomposed.

On December 9, 19, and 22, 1936, the United States attorneys for the Eastern District of New York and the District of Rhode Island, acting upon reports Ly the Secretary of Agriculture, filed in their respective district courts libels praying seizure and condemnation of 34 cases of tomato paste at Brooklyn, N. Y., and 105 cases of tomato paste at Providence, R. I., alleging that the article had been shipped in interstate commerce on or about September 4 and 5, 1936, by the Flotill Products, Inc., from Stockton, Calif., and charging adulteration in violation of the Food and Drugs Act. A portion of the article was labeled : “Flotta Brand (or "Sublime Brand"] Pure Tomato Paste Packed by Flotill Products Inc., Stockton, Calif.” The remainder was labeled : "Semaco Brand Naples Style Tomato Paste

Packed for Semolina Macaroni Co. Inc., Providence, R. I.”

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

On February 11, 1937, the Flotill Products, Inc., claimant for the goods seized at Brooklyn, N. Y., having consented to the entry of a decree, judgment was entered providing that the goods might be released under bond on condition that the decomposed portion be separated therefrom and destroyed, otherwise that it all be condemned and destroyed. The claimant having failed to comply with the conditions of release, the goods were destroyed. On April 6, 1937, judgments were entered condemning and forfeiting the two lots seized at Providence, R. I. and ordering that the decomposed portions be destroyed and the good portion delivered to the firms where the seizure was made.

W. R. GREGG, Acting Sccretary of Agriculture.

27074. Adulteration of dressed chickens. U. S. v. 8 Barrels of Dressed Chickens.

Default decree of condemnation and destruction. (F. & D. no. 38842.

Sample no. 26155-C.)
This product was in part decomposed.

On December 21, 1936, 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 eight barrels of dressed chickens at Chicago, Ill., alleging that they had been shipped in interstate commerce on or about December 1, 1936, by the Worthington Creamery Produce Co., from Worthington, Minn., 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, decomposed, or putrid animal substance.

On February 15, 1937, 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.

27075. Adulteration of apples. U. S. v. 67 Boxes of Apples. Default decree of

condemnation and destruction, (F. & D, no. 38815. Sample nos. 26129-C,

26146-C.)
These apples were contaminated with arsenic and lead.

On November 30, 1936, 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 67 boxes of apples at Chicago, Ill., alleging that they had been shipped in interstate commerce on or about October 22, 1936, hy the Apple Growers Association from Odell, Oreg., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part : "Blue Diamond Brand.”

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

On January 27, 1937, 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.

27076. Misbranding of canned tomatoes. U. S. v. 830 Cases and 1,000 Cases of

Canned Tomatoes. Consent decrees of condemnation. Product released under bond to be relabeled. (F. & D. nos. 38862, 39078. Sample

nos. 30241-C, 33901-C.) This product fell below the standard for canned tomatoes established by this Department, since it contained puree from trimmings and it was not labeled to indicate that it was substandard.

On December 23, 1936, and February 11, 1937, the United States attorneys for the Northern District of Illinois and the Western District of Missouri, acting upon reports by the Secretary of Agriculture, filed in their respective district courts libels praying seizure and condemnation of 830 cases of canned tomatoes at Chicago, Ill., and 1,000 cases of canned tomatoes at Kansas City, Mo., alleging that the article had been shipped in interstate commerce by the Fettig Canning Corporation in part from Elwood, Ind., on or about October 17, 1936, and in part from Daleville, Ind., on or about January 15, 1937, and charging misbranding in violation of the Food and Drugs Act as amended. A portion of the article was labeled : "Harvest Inn Brand Tomatoes Distributed by Marshall Food Products Co. Marshalltown, Iowa.” The remainder was labeled : "Bary's Choice Hand Packed Indiana Tomatoes

Packed by Fettig Canning Corporation, Elwood, Ind."

The article was alleged to be misbranded in that it was canned food and fell below the standard of quality and conditon promulgated by the Secretary of Agriculture, since it consisted of tomatoes with puree from trimmings, 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, namely, "Tomatoes with puree from trimmings.”

On February 11 and May 26, 1937, the Fettig Canning Corporation and the Great Atlantic & Pacific Tea Co., having appeared as claimants for their respective lots and having consented to the entry of decrees, judgments of condemnation were entered and it was ordered that the product be released under bond to be relabeled.

W. R. GREGG, Acting Secretary of Agriculture.

27077. Misbranding of Malt-O-Milk. U. S. v. 37 Cases of Chocolate Flavor

Malt-O-Milk. Default decree of destruction, (F. & D. no. 38865. Sample

no. 30220-C.) This product was labeled to convey the impression that it consisted essentially of malted milk but in fact consisted principally of sugar with small amounts of cocoa, cornstarch, and malted milk present. It contained no malt. The labeling also bore false and misleading claims regarding its food value, and other misrepresentations.

On December 22, 1936, 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 37 cases of Chocolate Flavor Malt-O-Milk at Kansas City, Mo., consigned by the Williamson Candy Co., Chicago, Ill., alleging that it had been shipped in interstate commerce on or about October 16, 1936, and charging misbranding in violation of the Food and Drugs Act.

The article was alleged to be misbranded in that the following statements appearing in the labeling were false and misleading and tended to deceive and mislead the purchaser, (carton, can label, and leaflet) The name “Malt-0Mik” carried the definite implication that the article consisted essentially of malted milk, which was further stressed by the statement on the can label “Contains * * * malted milk”, whereas the article contained no malted milk; (carton and can label) the designation "Chocolate Flavor Malt-0-Milk” and "An All Food Drink" implied that the article was chocolate-flavored malted milk and contained all the ingredients necessary to make an all food drink, whereas it consisted essentially of sugar with small amounts of cocoa and malted milk present, and the purchaser would have to supply the ingredient milk; (can label) "Contains

malt" represented that the article contained malt and was an invigorating drink, whereas it contained no malt and was not an invigorating drink; (leaflet) "Malt-O-Milk is the

body builder

is a carefully prepared blend of the finest cocoa, malted milk, malt and sugar * * Suggested for

those that want a per tonic" represented that Malt-O-Milk was a body builder, was a carefully pre

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pared blend of the finest cocoa, malted milk, malt, and sugar, and was suggested for those that wanted a pep tonic, whereas it was not as so represented.

On February 9, 1937, 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.

27078. Adulteration of canned salmon. U. S. v. 200 Cases of Canned Salmon.

Portion of product released unconditionally; remainder condemned and

released under bond. (F. & D, no. 38882. Sample no. 6791-C.) Samples of this product were found to be decomposed.

On December 29, 1936, the United States attorney for the Southern District of Alabama, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 200 cases of salmon at Mobile, Ala., alleging that it had been shipped in interstate commerce on or about September 12, 1936, by Whitney & Co., from Seattle, Wash., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part; "Whitworth Brand Alaska Pink Salmon."

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

On March 19, 1937, Whitney & Co., having appeared as claimant, judgment was entered ordering 48 cases released unconditionally, and further ordering that the remainder be condemned and released under bond, conditioned that it should not be disposed of in violation of the Federal Food and Drugs Act.

W. R. GREGG, Acting Secretary of Agriculture.

27079. Adulteration of tomato catsup. U. S. v. 890 Cases of Tomato Catsup.

Default decree of condemnation and destruction. (F. & D. no. 38888,

Sample no. 31379-C.) This case involved tomato catsup that contained filth resulting from worm infestation.

On December 29, 1936, the United States attorney for the Western District of Kentucky, acting upo a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 890 cases of tomato catsup at Louisville, Ky., alleging that it had been shipped in interstate commerce on or about September 9, 10, and 29, and November 6 and 9, 1936, by the Morgan Packing Co., from Austin, Ind., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Scott Co. Brand Tomato Catsup Morgan Packing Co. Austin, Ind.”

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

On February 11, 1937, 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.

27080. Adulteration of butter. U. S. v. 2 Barrels of Packing Stock Butter.

Default decree of condemnation and destruction. (F. & D. no. 38891.

Sample no. 14576-C.)
This case involved butter that contained filth.

On December 11, 1936, 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 two barrels of packing stock butter at Chicago, Ill., alleging that it had been shipped in interstate commerce, on or about September 3, 1936, by Ralph Hurst & Co., from Kansas City, Mo., 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 animal substance.

On January 27, 1937, 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.

27081. Adulteration and mishranding of canned peas. U. S. v. 50 Cases and 802

Cartons of Canned lens. Default decrees of condemnation and destruc

tion. (F. & D, nos, 38897, 39031. Sample nos. 20324-C, 29516-C, 32010-C.) These peas were in part weevil-infested and were larger than the size indicated by the label.

On January 9 and February 3, 1937, the United States attorney for the District of Oregon, acting upon reports by the Secretary of Agriculture, filed in

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