On April 24, 1933, 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 71 sacks of evaporated apple chops at Cincinnati, Ohio, alleging that the article had been transported in interstate commerce on or about May 1, 1931, by DeHoff & Gaylord, 1 from Sodus, N. Y., 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 cousisted in whole or in part of a filthy, decomposed, or putrid vegetable substance. On June 1, 1933, no claimant having appeared for the property, judgment a 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. 21060. Misbranding of vinegar. U. S. v. 20 Barrels of Vinegar. Default decree of condemnation and destruction. (F. & D. no. 29908. Sample no. 30791-A.) This case involved a shipment of vinegar designated as "45 Grain ", which term is descriptive of vinegar containing 4.5 grams of acetic acid per 100 cubic centimeters. The product was of lower acidity than represented. On March 9, 1933, the United States attorney for the District of Montana, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 20 barrels of vinegar at Helena, Mont., alleging that the article had been shipped in interstate commerce, on or about February 16, 1933, by the Washington Food Products, from Spokane, Wash., and charging misbranding in violation of the Food and Drugs Act. The article was labeled in part: (Barrel) "Pure Apple Cider * Empire Brand Vinegar. Washington Food Products, Spokane, Wash., 45 Grain." It was alleged in the libel that the article was misbranded in that the statement on the label representing that it was "45 Grain" vinegar, namely, a product containing 41⁄2 grams of acetic acid per 100 cubic centimeters, was false and misleading and deceived and misled the purchaser, since it contained less than 42 grams of acetic acid per 100 cubic centimeters. On May 25, 1933, no claimant having appeared for the property, judgment of condemnation 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. 21061. Adulteration and misbranding of butter. U. S. v. Mount Angel Cooperative Creamery. Plea of guilty. Fine, $50. (F. & D. no. 29430. Sample nos. 1563-A, 15057-A.) This action involved interstate shipments of butter, samples of which were found to contain less than 80 percent by weight of milk fat, the standard for butter prescribed by Congress. On June 28, 1933, the United States attorney for the District of Oregon, acting upon a report by the Secretary of Agriculture, filed in the district court an information against the Mount Angel Cooperative Creamery, a corporation, Mount Angel, Oreg., alleging shipment by said company in violation of the Food and Drugs Act, on or about July 25, and August 22, 1932, from the State of Oregon into the State of Washington, of quantities of butter which was adulterated and misbranded. The article was labeled in part: "Standard Grade Butter * * Oregon Creamery Butter." It was alleged in the information that the article was 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 by weight of milk fat, as prescribed by the act of Congress of March 4, 1923, which the article purported to be. Misbranding was alleged for the reason that the statement, "Butter" on the labels, was false and misleading, and for the further reason 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 required by law; whereas it was not. On June 28, 1933, a plea of guilty to the information was entered on behalf of the defendant company, and the court imposed a fine of $50. M. L. WILSON, Acting Secretary of Agriculture. 21062. Adulteration of apples. U. S. v. 163 Boxes of Apples. cree of condemnation, forfeiture, and destruction. 30082. Sample no. 28091-A.) Defanlt de (F. & D. no. This case involved the interstate shipment of a quantity of apples, examination of which showed the presence of arsenic and lead in amounts which might have rendered them injurious to health. On March 10, 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 163 boxes of apples at Colorado Springs, Colo., alleging that the article had been shipped on or about January 6, 1933, from Wenatchee, Wash., having been consigned by H. S. Denison & Co., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Boxes) "Skookum Dessert Ex. Fancy Mountain Goat Brand Wenatchee Apples * * Skookum Growers Wenatchee Wash." It was alleged in the libel that the article was adulterated in that the apples contained added poisonous or deleterious ingredients, arsenic and lead, which might have rendered them injurious to health. On May 19, 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. 21063. Adulteration of apples. U. S. v. 80 Bushels of Apples, et al. Default decree of forfeiture and destruction. (F. & D. no. 30454. Sample nos. 5018-A, 5067-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 or about October 28, 1932, the United States attorney for the Eastern District of Illinois, acting upon a report by the Secretary of Agriculture filed in the district court a libel praying seizure and condemnation of 80 bushels of apples at Hoopeston, Ill., alleging that the article had been shipped in interstate commerce on or about October 11, 1932, by Wilmer Dee from Glenn, Mich., and charging adulteration in violation of the Food and Drugs Act. On November 18, 1932, the libel was amended to include 42 bushels more of apples which had been shipped in interstate commerce by Dewey Dee from Glenn, Mich., on October 30, 1932. It was alleged in the libel that the apples were adulterated in that they contained arsenic and lead, which might have rendered them harmful to health. On January 28, 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. 21064. Adulteration of canned salmon. U. S. v. 58 Cases of Canned Salmon. Tried to the court. Decree entered ordering a portion of the product released and remainder condemned and destroyed. (F. & D. no. 29985. Sample nos. 28173-A, 28174-A, 28175-A.) This case involved the interstate shipment of a quantity of canned salmon which was in part decomposed. On March 29, 1933, the United States attorney for the District of New Mexico, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 58 cases of canned salmon at Albuquerque, N. Mex., alleging that the article had been shipped in interstate commerce on or about March 6, 1933, by Libby McNeill & Libby, from Oakland, Calif., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Cans) "Libby's Fancy Red Alaska Salmon * packed by Libby, McNeill & Libby." It was alleged in the libel that the article was adulterated in that it consisted in part of a decomposed and putrid animal substance. On June 13, 1933, Libby, McNeill & Libby, having filed a claim and answer denying the adulteration of the product, the case came on for trial before the court. After hearing evidence introduced on behalf of the claimant and the Government, the court entered judgment finding a portion of the product adulterated and ordering that it be condemned and destroyed. The decree further ordered that the remainder be released to the claimant. M. L. WILSON, Acting Secretary of Agriculture. 66279-34 21065. Misbranding of canned cherries. U. S. v. 19 Cases of Canned Cherries. Default decree of condemnation and forfeiture. Product delivered to charitable institutions. (F. & D. no. 29790. Sample no. 28102-A.) This case involved an interstate shipment of canned cherries found to consist of water-packed cherries which were not labeled as such. The packages failed to bear a plain and conspicuous statement of the quantity of the contents. On February 13, 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 19 cases of canned cherries at Walsenburg, Colo., consigned by Otoe Food Products Co., alleging that the article had been shipped in interstate commerce on or about January 7, 1933, from Nebraska City, Nebr., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: (Can) "Shepard Brand. Net contents 6 lbs. 8 ozs. [indistinctly stamped over 1 Lb. 4 Oz."] pitted Red Cherries. Packed by Otoe Food Products Company, Nebraska City, Nebraska." 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 such canned food, because it was water-packed cherries, and its package or label did not bear a plain and conspicuous statement prescribed by the Secretary, indicating that it fell below such standard. Misbranding was alleged for the further reason that the article was in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package, since the statement on the label, "1 Lb. 4 Oz." was incorrect, and the statement "Net Contents 6 lbs. 8 Oz." was illegible. On June 5, 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 delivered to a charitable institution. M. L. WILSON, Acting Secretary of Agriculture. U. S. 21066. Adulteration and misbranding of candies (pineapple jellies). v. Joseph G. Dubin & Sons, Inc. Plea of guilty. Fine, $100. (F. & D. no. 28153. I. S. no. 34379.) This case was based on an interstate shipment of so-called "Pineapple Jellies", consisting of candies with a jellylike center, chocolate covered. The centers were artificially flavored, containing no pineapple fruit or juice. On February 9, 1933, 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 an information against Joseph G. Dubin & Sons, Inc., Brooklyn, N. Y., alleging shipment by said company in violation of the Food and Drugs Act, on or about April 23, 1931, from the State of New York into the State of New Jersey, of a quantity of the said pineapple jellies which were adulterated and misbranded. The article was labeled in part: (Box) "Jos, G. Dubin & Sons Manufacturing Confectioners 72 Dec. Pineapple Jellies 1c ea. Brooklyn, New York"; (display card inside box) Pine Jellies Covered with Pure Milk Chocolate." It was alleged in the information that the article was adulterated in that a chocolate-covered jellylike substance, artificially flavored with undeclared artificial flavor and containing neither pineapple fruit nor pineapple juice, had been substituted for chocolate-covered pineapple jelly, which the article purported to be. Misbranding was alleged for the reason that the statements, "Pineapple Jellies" and "Pine Jellies Covered with Pure Milk Chocolate ", borne on the labeling, were false and misleading, and for the further reason that the article was labeled as aforesaid so as to deceive and mislead the purchaser, since the said statements represented that the article was pineapple jelly covered with pure milk chocolate; whereas it was not, but was a product with jellylike centers, artificially flavored containing neither pineapple fruit nor pineapple juice. Misbranding was alleged for the further reason that the article was an imitation of another article, namely, chocolate-covered pineapple jelly, and was offered for sale under the distinctive name of another article, Pineapple Jellies," On June 20, 1933, a plea of guilty to the information was entered on behalf of the defendant company, and the court imposed a fine of $100. M. L. WILSON, Acting Secretary of Agriculture. 21067. Adulteration of apple pomace. U. S. v. 500 Bags, et al., of Apple Pomace. Default decrees of condemnation and destruction. (F. & D. nos. 30097, 30365, 30387, 30472. Sample nos. 28578-A, 28579-A, 32329-A, 34796-A.) These cases involved various interstate shipments of apple pomace found to contain lead, or arsenic and lead, in amounts which might have rendered it injurious to health. On April 17 and April 28, 1933, 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 1,000 bags of apple pomace at Chicago, Ill. On May 2, 1933, a libel was filed in the Western District of Pennsylvania against 12 bags of dried apple pomace at Pittsburgh, Pa.. and on May 17, 1933, a libel was filed in the District of New Jersey against 300 bags of apple pomace at Hillside, N.J. It was alleged in the libels that the article had been shipped in interstate commerce by the Duffy-Mott Co., Inc., from Holley, N.Y., and Ravena, N.Y.; that the shipments into the State of Illinois had been made on or about September 4, 1931, and January 28, 1933; that the shipments into the States of Pennsylvania and New Jersey had been made on or about March 11, and March 22, 1933, respectively, and that the article was adulterated in violation of the Food and Drugs Act. The libels charged that the article was adulterated in that it contained added poisonous and deleterious ingredients, namely, lead, in one of the shipments, and arsenic and lead in the remaining lots, which ingredients might have rendered it injurious to health. On June 15, June 16, and June 22, 1933, no claimant having appeared for the property, judgments of condemnation were entered and the court ordered that the product be destroyed by the United States marshal. M. L. WILSON, Acting Secretary of Agriculture. 21068. Adulteration of apples. U. S. v. 98 Boxes of Apples. Default de Sample (F. & D. no. 30077. This case involved a shipment of apples found to bear lead in an amount which might have rendered them injurious to health. On March 1, 1933, the United States attorney for the Northern District of Alabama, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 98 boxes of apples at Birmingham, Ala., alleging that the article had been shipped in interstate commerce, on or about January 19, 1933, by the American Fruit Co., from Wenatchee, Wash., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Mountain Goat Brand Apples Skookum Distributed by Northwestern Fruit Exchange, Wenatchee, Washington." It was alleged in the libel that the article was adulterated in that it contained an added poisonous or deleterious ingredient, lead, which might have rendered it injurious to health. On May 11, 1933, no claimant having appeared for the property, judgment of condemnation 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. 21069. Adulteration of dried figs. U. S. v. 50 Cases of Dried Figs. Default decree of forfeiture and destruction. (F. & D. no. 30070. Sample no. 23051-A.) This case involved an interstate shipment of dried figs which were insectinfested. On April 25, 1933, 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 50 cases of dried figs at Boston, Mass., alleging that the article had been shipped in interstate commerce, on or about March 23, 1933, by the Consolidated Packing Co., from San Francisco, Calif., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Honey Bunch Brand Extra Choice Black Mission Figs Packed by Consolidated Packing Co." It was alleged in the libel that the article was adulterated in that it consisted wholly or in part of a filthy vegetable substance. On May 22, 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. 21070. Adulteration of strawberry preserves. U. S. v. 87 Cases of Strawberry Preserves. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 29914. Sample no. 22951-A.) This case involved a quantity of strawberry preserves that were in part moldy. On March 7, 1933, the United States attorney for the Northern District of California, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 87 cases of strawberry preserves at San Francisco, Calif., alleging that the article had been shipped in interstate commerce by F. G. Ewing Co., from Seattle, Wash., having been consigned on or about January 14, 1933, and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Jars) "Sun Blest A Sun Blessed Product Extra Fancy Pure Strawberry Preserves.” It was alleged in the libel that the article was adulterated in that it consisted in part of a decomposed vegetable substance. On April 27, 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. 21071. Adulteration and misbranding of jellies. U. S. v. 40 Cases of Jelly. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 29919. Sample nos. 26444-Á, 26445-A, 26446-A.) This case involved an interstate shipment of variously flavored jellies. Examination showed that certain of the products consisted of artificially colored and artificially flavored imitation jellies. On March 9, 1933, the United States attorney for the District of Maryland, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 40 cases of assorted jellies at Baltimore, Md., alleging that the articles had been shipped in interstate commerce, on or about November 11, 1932, and January 6, 1933, by the Waynesboro Fruit Exchange, from Waynesboro, Pa., and charging that the currant-, raspberry-, and strawberry-flavored jellies were adulterated and misbranded in violation of the Food and Drugs Act. The articles were labeled in part: "Eclipse Brand * * Apple Jelly, Waynesboro Fruit Exchange, Waynesboro, Pa." Certain of the jellies were further labeled: "Currant [or "Raspberry" or "Strawberry "] Flavored Artificially Colored." ** It was alleged in the libel that the currant-, raspberry-, and strawberryflavored jellies were adulterated in that artificially flavored and artificially colored imitation jellies had been substituted for the said articles. Adulteration was alleged for the further reason that the articles had been colored in a manner whereby inferiority was concealed. Misbranding was alleged for the reason that the statements on the labels, "Apple Jelly Currant Flavored", "Apple Jelly Raspberry Flavored", and "Apple Jelly Strawberry Flavored", were false and misleading and deceived and misled the purchaser, when applied to artificially colored and artificially flavored imitation jellies. Misbranding was alleged for the further reason that the articles were imitations of and offered for sale under the distinctive names of other articles. On June 15, 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. 21072. Misbranding of canned tomato juice. U. S. v. 92 Cases of Tomato Juice. Consent decree of condemnation and forfeiture. Product released under bond to be relabeled. (F. & D. no. 29840. Sample no. 32784-A.) This case involved a shipment of canned tomato juice, sample cans of which were found to contain less than the volume declared on the label. On February 10, 1933, the United States attorney for the Western District of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the |