21021. Adulteration of canned salmon. U. S. v. 884 Cases of Canned Salmon. Portion of product released unconditionally. Remainder condemned and forfeited, and ordered released under bond for separation and destruction of unfit portion. (F. & D. no. 29199. Sample nos. 26783-A to 26787-A, incl.)

This action involved an interstate shipment of canned salmon, samples of which were found to be decomposed.

On November 8, 1932, the United States attorney for the Northern District of Ohio, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 884 cases of canned salmon at Toledo, Ohio, alleging that the article had been shipped in interstate commerce on or about October 8, 1932, by the Oceanic Sales Co., from Seattle, Wash. and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: Ocean Spray Brand Pink Salmon."

It was alleged in the libel that the article was adulterated in that it consisted in whole or in part of a filthy, decomposed, or putrid animal substance. The Superior Packing Co., Seattle. Wash., appeared as claimant for the property and admitted the allegations of the libel in so far as they related to 550 cases of the product identified by certain codes. On March 6, 1933, judgment was entered condemning and forfeiting the said 550 cases of salmon and ordering that the remainder be delivered to the claimant. The decree provided further that the condemned codes be released to the claimant upon payment of costs and the execution of a bond in the sum of $3,125, conditioned that the unfit portion be segregated and destroyed.

M. L. WILSON, Acting Secretary of Agriculture.

21022. Adulteration of canned salmon.

U. S. v. 371 Cases and 6,000 Cases of Canned Salmon. Decrees of condemnation and forfeiture. Product released under bond for separation and destruction of decomposed portion. (F. & D. no. 28876. Sample nos. 15235-A, 25972-A.)

These cases involved a shipment of canned salmon which was in part decomposed.

On September 26 and November 28, 1932, the United States attorney for the Western District of Washington, acting upon reports by the Secretary of Agriculture, filed in the district court of the United States libels praying seizure and condemnation of 6,371 cases of canned salmon at Seattle, Wash., alleging that the article had been shipped in interstate commerce August 6, 1932, by the Copper River Packing Co., from Nellie-Juan, Alaska, and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Happy-Vale Pink Salmon."

It was alleged in the libels that the article was adulterated in that it consisted in whole or in part of a decomposed animal substance.

On March 20, 1933, the Copper River Packing Co., having appeared as claimant for the property and having admitted the material allegations of the libels, judgments of condemnation and forfeiture were entered, and it ordered by the court that the product be released to the claimant upon payment of costs and the execution of good and sufficient bonds, conditioned that all cans containing decomposed salmon be destroyed.

21023. Adulteration of figs.

M. L. WILSON, Acting Secretary of Agriculture.

U. S. v. 50 Boxes of Black Figs. Consent decree of forfeiture and destruction. (F. & D. no. 30032. Sample no. 22870-A.) This case involved a quantity of figs which were insect-infested and contained insect excreta and dead larvae.

On March 28, 1933, the United States attorney for the District of Hawaii, acting upon a report by the Secretary of Agriculture, filed in the district court of the United States a libel praying seizure and condemnation of 50 boxes of black figs at Honolulu, Hawaii, consigned by the American Factors, Ltd., alleging that the article had been shipped March 22, 1933, from San Francisco, Calif., to Honolulu, Hawaii, and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Beban Brand Black Figs Packed By A. Beban, Madera, Calif."

66279-34

It was alleged in the libel that the article was adulterated in that it was filthy because of insect infestation.

On April 7, 1933, the claimant, the American Factors, Ltd., a Hawaiian corporation, having consented to the entry of a decree, judgment of forfeiture was entered and it was ordered by the court that the product be destroyed by the United States marshal.

M. L. WILSON, Acting Secretary of Agriculture.

Plea

of

21024. Adulteration of dried figs. U. S. v. Henry John Giebeler. guilty. Fine, $200. Sentence suspended for two years. (F. & D. no. 29387. I. S. nos. 18952, 22532, 22533.) This case was based on the interstate shipment of several lots of dried figs which were found to be in part insect-infested, moldy, and dirty.

On January 30, 1933, 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 Henry John Giebeler, trading as Giebeler's Fig Gardens, Merced, Calif., alleging shipment by said defendant in violation of the Foods and Drugs Act, on or about November 20, 1931, from the State of California into the State of Washington, and on or about December 9, 1931, from the State of California into the State of Nevada, of quantities of dried figs which were adulterated. The article was labeled in part: "Packed by Giebeler's Fig Gardens, Merced, Calif."

It was alleged in the information that the article was adulterated in that it consisted in part of a filthy and decomposed vegetable and animal substance. On April 3, 1933, the defendant withdrew a plea of not guilty and entered a plea of guilty to each of the two counts of the information, and a fine of $200 was imposed. The court ordered that the sentence be suspended for a period of two years on condition that there be no further violation of the law. M. L. WILSON, Acting Secretary of Agriculture.

21025. Misbranding_of canned cherries.

U. S. v. 40 Cases of Canned

Cherries. Default decree of forfeiture and destruction. (F. & D. no. 29325. Sample no. 2200-A.)

This case involved a shipment of canned cherries in which the sugar solution was of insufficient strength to bring the liquid portion up to the standard prescribed by this Department, and which was not labeled to indicate that it was substandard.

On November 23, 1932, the United States attorney for the District of Idaho, acting upon a report by the Secretary of Agriculture, filed in the district court of the United States a libel praying seizure and condemnation of 40 cases of canned cherries at Idaho Falls, Idaho, alleging that the article had been shipped in interstate commerce, on or about September 3, 1931, by the Zion Wholesale Grocery Co., from Salt Lake City, Utah, charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Kaysville Brand Windsor Cherries Pitted Packed by Kaysville Canning Corporation Kaysville Utah Contents 100 ozs."

It was alleged in the libel 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 the liquid portion read less than 16° Brix, and its label did not bear a plain and conspicuous statement indicating that it fell below such standard.

On March 25, 1933, no claimant having appeared for the property, judgment of forfeiture was entered and it was ordered by the court that the product be destroyed by the United States marshal.

M. L. WILSON, Acting Secretary of Agriculture.

21026. Misbranding of canned tomatoes. U. S. v. 300 Cases of Canned Tomatoes. Decree of condemnation and forfeiture. Product released under bond to be relabeled. (F. & D. no. 29795. Sample no. 33420-A.)

This case involved a shipment of canned tomatoes that fell below the standard established by this Department because of poor color and which were not labeled to indicate that they were substandard.

On February 3, 1933, 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 300 cases of

canned tomatoes at Shenandoah, Pa., alleging that the article had been shipped in interstate commerce, on or about January 17, 1933, by A. J. Harris, from Baltimore, Md., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Dogwood Brand Tomatoes."

It was alleged in the libel that the article was misbranded in that it fell below the standard of quality and condition promulgated by the Secretary of Agriculture for canned tomatoes, because of poor color, and its package or label did not bear a plain and conspicuous statement prescribed by this Department, indicating that it fell below such standard.

On April 6, 1933, A. J. Harris & Co., Baltimore, Md., having appeared as claimant for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be released to the claimant upon payment of costs and the execution of a bond in the sum of $500, conditioned that it be relabeled under the supervision of this Department. M. L. WILSON, Acting Secretary of Agriculture.

21027. Adulteration of apples. U. S. v. 714 Boxes of Apples. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 30400. Sample nos. 32553-A, 32554-A, 32555-A.) This case involved an interstate shipment of apples found to bear arsenic and lead in amounts which might have rendered them injurious to health. On April 11, 1933, 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 714 boxes of apples at Jacksonville, Fla., alleging that the article had been shipped in interstate commerce, on or about March 27, 1933, by the Pacific Fruit & Produce Co., from Kennewick, Wash., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Snoboy Brand, Washington Apples, Sold by Snoboy-Pacific Distributors, Walla Walla, Washington."

It was alleged in the libel that the article was adulterated in that it contained added poisonous or deleterious ingredients, arsenic and lead, which might have rendered it injurious to health.

On April 21, 1933, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was orderd by the court that the product be destroyed by the United States marshal.

M. L. WILSON, Acting Secretary of Agriculture.

21028. Adulteration of apples. U. S. v. 25 Bushels of Apples. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 29809. Sample no. 28482-A.)

This case involved an interstate shipment of apples found to bear arsenic and lead in amounts which might have rendered them injurious to health. On December 20, 1932, 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 25 bushels of apples at Chicago, Ill., alleging that the article had been shipped in interstate commerce, on September 30, 1932, by Edwin H. House, from Saugatuck, Mich., and charging adulteration in violation of the Food and Drugs Act.

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

On April 4, 1933, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal.

M. L. WILSON, Acting Secretary of Agriculture.

21029. Misbranding of cottonseed meal and cake. U. S. v. 250 Bags of Cottonseed Meal and 80 Bags of Cottonseed Cake. Decree of condemnation and forfeiture. Product released under bond to be relabeled. (F. & D. no. 29821. Sample no. 35927-A.)

This case involved an interstate shipment of cottonseed meal and cottonseed cake, samples of which were found to contain less than 43 percent of protein, the amount declared on the label.

On or about February 14, 1933, the United States attorney for the District of Colorado, acting upon a report by the Secretary of Agriculture, filed in the

district court a libel praying seizure and condemnation of 250 bags of cottonseed meal and 80 bags of cottonseed cake at Denver, Colo., consigned by the Rotan Cotton Oil Mill Co., Rotan, Tex., alleging that the article had been shipped in interstate commerce on or about January 10, 1933, and charging misbranding in violation of the Food and Drugs Act. The article was labeled in part: "Sweetco Quality 43 percent Protein. Cottonseed Cake or Meal.”

It was alleged in the libel that the article was misbranded in that the statement "43 Per Cent. Protein ", appearing on the label, was false and misleading and deceived and misled the purchaser.

On April 3, 1933, the Sweetwater Cotton Oil Co., having appeared as claimant for the property and having admitted the allegations of the libel, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be released to the claimant upon payment of costs and the execution of a bond in the sum of $500, conditioned in part that it be relabeled under the supervision of this Department.

M. L. WILSON, Acting Secretary of Agriculture.

21030. Adulteration and misbranding of butter. U. S. v. 11 Cartons of Butter. Default decree of forfeiture and destruction. (F. & D. no. 29566. Sample no. 16534-A.)

This case involved a shipment of butter, samples of which were found to contain less than 80 percent by weight of milk fat, the standard for butter established by Congress.

On November 3, 1932, 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 11 cartons of butter at Boston, Mass., consigned October 30, 1932, alleging that the article had been shipped in interstate commerce by the Danville Creamery Association, from Danville, Vt., and charging adulteration and misbranding in violation of the Food and Drugs Act.

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

Misbranding was alleged for the reason that the article was an imitation and was offered for sale under the distinctive name of another article, 66 Butter."

On November 18, 1932, no claimant having appeared for the property, judgment of forfeiture was entered and it was ordered by the court that the product be destroyed by the United States marshal.

M. L. WILSON, Acting Secretary of Agriculture.

21031. Misbranding of butter. U. S. v. James H. Pocock. Plea of guilty. Fine, $5. (F. & D. no. 29476. I. S. no. 23508.)

This case was based on an interstate shipment of butter, sample packages of which were found to contain less than 1 pound, the declared weight. The packages failed to bear a plain and conspicuous statement of the quantity of the contents, since the statement made was incorrect.

On April 12, 1933, 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 James H. Pocock, Seattle, Wash., alleging shipment by said defendant in violation of the Food and Drugs Act as amended, on or about April 11, 1932, from the State of Washington to Alaska, of a quantity of butter that was misbranded. The article was labeled in part: "Seattle Brand Creamery Butter. Put up by J. H. Pocock, Seattle. This Package Contains One Pound."

It was alleged in the information that the article was misbranded in that the statement "One Pound", borne on the packages, was false and misleading, and for the further reason that the article was labeled so as to deceive and mislead the purchaser, since the packages contained less than 1 pound. Misbranding was alleged for the further reason that the article was food in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package.

On April 26, 1933, the defendant entered a plea of guilty to the information, and the court imposed a fine of $5.

M. L. WILSON, Acting Secretary of Agriculture.

21032. Misbranding and alleged adulteration of butter. U. S. v. 20 Cases of Butter. Consent decree of condemnation and forfeiture. Product released under bond. (F. & D. no. 30437. Sample no. 23050-A.)

This case involved a quantity of butter, samples of which were found to contain less than 80 percent by weight of milk fat, the standard for butter established by Congress. The quantity of the contents was not plainly and conspicuously marked on the ouside of the packages, since they contained less than the weight declared.

On March 28, 1933, the United States attorney for the District of Hawaii, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 20 cases of butter at Honolulu, Hawaii, consigned by the Wing Coffee Co., alleging that the article had been shipped from San Francisco, Calif., to Honolulu, Hawaii, on March 22, 1933, and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Carton) "Net Weight One Pound Buttercup Brand Creamery Butter * * Distributed by O. Casperson & Sons, San Francisco"; (paper wrapper on individual prints) "Buttercup Brand Creamery Butter Net Weight 4 Ounces.”

*

It was alleged in substance in the libel that the article was adulterated in that the milk fat content did not meet the standard established by law, since the article contained less than 80 percent by weight of milk fat.

Misbranding was alleged for the reason that the packages did not have the quantity of the contents plainly and conspicuously marked on the outside thereof.

On March 28, 1933, O. Casperson & Sons, San Francisco, Calif., and the Wing Coffee Co., a Hawaiian copartnership, having appeared and admitted the misbranding of the product and having consented to the entry of a decree, judgment of condemnation and forfeiture was entered. On the same date, costs of the proceedings having been paid, the court ordered the butter released to O. Casperson & Sons under the terms of a bond requiring that it be reshipped to San Francisco, Calif., and repacked, and that it should not be sold or disposed of in violation of the Federal Food and Drugs Act or the laws of the Territory of Hawaii.

M. L. WILSON, Acting Secretary of Agriculture.

21033. Adulteration and misbranding of tomato catsup. U. S. v. 87 Cases and 100 Cases of Tomato Catsup. Default decrees of condemnation, forfeiture, and destruction. (F. & D. nos. 29584, 29663. Sample nos. 28467-A, 30126-A.)

These cases involved interstate shipments of tomato catsup which contained excessive mold and which was also found to contain added artificial color. On December 6 and December 23, 1932, 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 187 cases of tomato catsup at Chicago, Ill. It was alleged in the libels that the article had been shipped in interstate commerce, in part on or about October 22, 1932, and in part on or about December 7, 1932, by the Summit Packing Co., from Wellesboro, Ind., and that it was adulterated in violation of the Food and Drugs Act. Subsequently the libels were amended to charge that the article was also misbranded.

It was alleged in the libels as amended that the article was adulterated in that it consisted in part of a decomposed vegetable substance.

Misbranding was alleged for the reason that the statement "Tomato Catsup", appearing on the label, was false and misleading and deceived and misled the purchaser, when applied to a product containing artificial color which was not declared on the label.

On April 4, 1933, no claimant having appeared for the property, judgments of condemnation and forfeiture were entered, and it was ordered by the court that the product be destroyed by the United States marshal.

M. L. WILSON, Acting Secretary of Agriculture.

21034. Adulteration and misbranding of cottonseed meal and cottonseed cake. U. S. v. Standard Cake & Meal Co. Plea of guilty. Fine, $50. (F. & D. no. 28149. I. S. nos. 45585, 45597, 47484, 47493, 50951.) This case was based on the interstate shipment of quantities of cottonseed meal and cottonseed cake. Samples taken from each of the shipments were