22137. Misbranding of canned tomatoes. U. S. v. 800 Cases of Canned Tomatoes. Consent decree of condemnation and forfeiture. Product released under bond to be relabeled. (F. & D. no. 31930. Sample no. 51468-A.)

This case involved a shipment of canned tomatoes which contained excessive peel, and which were not labeled to indicate that they were substandard.

On February 1, 1934, the United States attorney for the Southern District of New York, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 800 cases of canned tomatoes at New York, N.Y., alleging that the article had been shipped in interstate commerce on or about September 8 and September 22, 1933, by Thomas Roberts & Co., from Harrington, Del., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: “Q and E Tomatoes * Thrasher, Churchill & Rothrock Distributors Philadel

phia, Pa."

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 for such canned food, because of the presence of excess peel, and its package or label did not bear a plain and conspicuous statement prescribed by regulation of this Department, indicating that it fell below such standard.

Thos. Roberts & Co. filed a claim for the property as agent for L. Oppenheimer, Inc., New York, N.Y., admitted the allegations of the libel, and consented to the entry of a decree. On March 6, 1934, 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 $2,000, conditioned that it be relabeled under the supervision of this Department.

M. L. WILSON, Acting Secretary of Agriculture.

22138. Misbranding of salad oil. U. S. v. 25 Cans of Salad Oil. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 31936. Sample no. 52145-A.)

This case involved a lot of salad oil labeled to convey the impression that it was imported olive oil, but which was found to consist principally of domestic cottonseed oil.

On February 5, 1934, 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 25 cans of salad oil at Harrison, N.J., alleging that the article had been shipped in interstate commerce, on or about November 6, 1933, by the Import Oil Corporation, from New York, N.Y., and charging misbranding in violation of the Food and Drugs Act. The article was labeled in part: * "Samaritana Brand Oil Tipo Lucca Packed by Import Oil Corp."

*

It was alleged in the libel that the article was misbranded in that the state"Samaritana Brand Oil, Tipo Lucca * * ments, * Packed by Import Oil Corp." together with the design of olive trees and a figure of a woman bearing a jar suggesting a jar of olive oil, appearing on the label, were false and misleading and deceived and misled the purchaser, since they created the impression that the article was imported olive oil, whereas it consisted largely of domestic cottonseed oil. Misbranding was alleged for the further reason that the article purported to be a foreign product, when not so.

On March 13, 1934, 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.

22139. Adulteration and misbranding of olives. U. S. v. 99 Cases of Olives. Consent decree of condemnation and forfeiture. Product released under bond. (F. & D. no. 31937. Sample no. 65304-A.) This case involved an interstate shipment of olives which were found to be in part wormy. Examination also showed that the article contained excessive brine; that the drained weight of the contents was less than the weight declared on the label; and that it was labeled to create a misleading impression as to the manufacturer.

On or about February 6, 1934, 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 99 cases of

olives at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about December 6, 1933, by John Magee & Co., from Saybrook, Conn., and charging adulteration and misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Budlong Selected Olives, Budlong Pickle Co., Chicago, Ill. Selected Olives contents Three and one-fourth fluid ounces."

It was alleged in the libel that the article was adulterated in that excessive brine had been substituted in part for the article. Adulteration was alleged for the further reason that the article consisted in part of a filthy vegetable substance.

* *

*

Misbranding was alleged for the reason that the statements on the bottle label, "Budlong Pickle Co. Three and one-fourth fluid ounces ", were false and misleading and deceived and misled the purchaser, since they created the impression that the Budlong Pickle Co. was the packer of the product, whereas it was not so, and since the article was short of the declared weight. 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, since the statement made was incorrect.

On March 6, 1934, the Budlong Pickle Co., Chicago, Ill., claimant, having admitted the allegations of the libel and having consented to the entering of a decree, 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 the unfit portion be eliminated and the remainder washed, repacked, and relabeled.

M. L. WILSON, Acting Secretary of Agriculture.

22140. Adulteration of butter. U. S. v. 9 Cans of Butter. Default decree of condemnation and forfeiture. Product ordered sold as inedible grease. (F. & D. no. 31955. Sample no. 54373-A.)

This case involved a shipment of butter which was found to contain rodent and human hairs, paper, parts of insects, mold, and other filth.

On or about January 29, 1934, 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 nine cans of butter at Baltimore, Md., alleging that the article lad been shipped in interstate commerce, on or about November 15, 1933, by S. Roberts Estate, from Milton W. Va., and charging adulteration in violation of the food and drugs act. The article was labeled in part: "From S. Roberts' Estate Milton,

W. Va."

*

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. On March 17, 1934, 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 sold by the United States marshal as inedible grease. M. L. WILSON, Acting Secretary of Agriculture.

22141. Adulteration of olives. U. S. v. 23 Dozen Jars of Olives. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 31964. Sample no. 52202-A.)

This case involved a shipment of olives which were found to be in part wormy.

On February 9, 1934, 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 23 dozen jars of olives at Jersey City, N.J., alleging that the article had been shipped in interstate commerce, on or about December 6, 1933, by Mawer-Gulden Annis, Inc., from Brooklyn, N.Y., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "La Sevillana Selected Spanish Olives * Mawer-Gulden-Annis, Inc. New York."

It was alleged in the libel that the article was adulterated in that it consisted in part of a filthy vegetable substance.

On March 21, 1934, 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. I. WILSON, Acting Secretary of Agriculture.

22142. Adulteration of olives. U. S. v. 7 Cases of Olives. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 31965. Sample no. 66920-A.)

This case involved a shipment of olives which were found to be in part wormy.

On February 9, 1934, 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 seven cases of olives at Newark, N.J., alleging that the article had been shipped in interstate commerce, on or about December 27, 1933, by the San Jose Olive Co., Inc., from New York, N.Y., and chargirg adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Jar) "San Jose Spanish Olives Packed by San Jose Olive Co., Inc., New York, N.Y." It was alleged in the libel that the article was adulterated in that it consisted in part of a filthy vegetable substance.

*

*

On March 21, 1934, 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.

22143. Misbranding of canned peaches. U. S. v. 39 Cases of Canned Peaches. Consent decree of condemnation and forfeiture. Product released under bond to be relabeled. (F. & D. no. 31972. Sample no. 66727-A.)

Sample cans of peaches taken from the shipments involved in this case were found to be short of the declared weight.

On February 20, 1934, the United States attorney for the District of Wyoming, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 39 cases of canned peaches at Casper, Wyo., alleging that the article had been shipped in interstate commerce from Oakland, Calif.; that a part had been shipped on or about August 29, 1933, by the California Packing Corporation; that the remainder had been shipped on or about January 2, 1934, by Libby, McNeill & Libby (invoiced by California Packing Corporation), and charging that the article was misbranded in violation of the Food and Drugs Act as amended. The article was labeled in part: "Our Family Yellow Cling Peaches Halves Contents One Lb Fourteen Ozs Distributed Nash Finch Co Minneapolis Minn."

It was alleged in the libel that the article was misbranded in that it was labeled so as to deceive and mislead the purchaser, since it was labeled in part, "One Lb Fourteen Ozs", whereas the cans contained less than 1 pound 14 ounces of peaches. Misbranding was alleged for the further reason that the article was in package form and the quantity of the contents was not plainly and correctly stated on the outside of the packages.

On March 2, 1934, the Wyoming Grocery Co., Casper, Wyo., having appeared as claimant for the property and having consented to the entry of a decree, 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 $100, conditioned that it be relabeled so as to comply with the law.

M. L. WILSON, Acting Secretary of Agriculture.

22144. Misbranding of salad oil. U. S. v. 19 Cans of Salad Oil. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 31974. Sample no. 67406-A.)

This case involved a shipment of salad oil labeled to convey the impression that it was olive oil of foreign origin. Examination showed that it consisted chiefly of cottonseed oil, with some flavor of olive oil; also that the cans were short volume.

On February 13, 1934, 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 cans of salad oil at Newark, N.J., alleging that the article had been shipped in interstate commerce, on or about October 26, 1933, by Pietro Esposito & Bro., Inc., from New York, N.Y., and charging misbranding in violation of the Food and Drugs Act as amended.

It was alleged in the libel that the article was misbranded in that the statements, "La Gloriosa Brand ", "Prize Awarded at Exhibition of Rome 1924 ", "Italy", "Olio Finissimo ", the designs of a crown, olive branches and medal

carrying the Italian national colors, and the undue prominence given to the words "Lucca Olive Oil", in the statement, "Pure and Delicious Oil Composed of Eighty Five Percent Choice Salad Oil and Fifteen Percent Lucca Olive Oil", all of which appeared on the label of the product, were misleading and deceived and misled the purchaser, since the label created the impression that the article was Italian olive oil, whereas it consisted chiefly of domestic cottonseed oil. Misbranding was alleged for the further reason that the statement on the label, "One Gallon Net ", was false and misleading and deceived and misled the purchaser; for the further reason that the article purported to be a foreign product when not so; and for the further reason that it was food in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package, since the statement made was incorrect.

On March 21, 1934, 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.

22145. Adulteration of evaporated apples. U. S. v. 94 Cases and 30 Boxes of Evaporated Apples. Default decrees of destruction. (F. & D. nos. 31977, 31997. Sample nos. 49405-A, 49406-A.)

These cases involved shipments of evaporated apples, samples of which were found to be insect-infested, dirty, and decomposed.

On February 12 and February 19, 1934, the United States attorney for the Southern District of Georgia, acting upon reports by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 94 cases and 30 boxes of evaporated apples at Savannah, Ga., alleging that the article had been shipped in interstate commerce on or about January 2, 1934, by the Gilbert Apple Products Co., Inc., of Rochester, N.Y., from Brighton, N.Y., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Bake-Rite * * * Evaporated Apples Packed by Gilbert Apple Products Co., Inc., Rochester, N.Y."

It was alleged in the libels that the article was adulterated in that a portion consisted in part of a filthy and decomposed vegetable substance, and the remainder consisted wholly or in part of a filthy vegetable substance.

On March 24, 1934, no claimant having appeared for the property, judgments were entered ordering that the product be destroyed by the United States marshal.

M. L. WILSON, Acting Secretary of Agriculture.

22146. Adulteration of candy. U. S. v. 19 Boxes of Candy, Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 31981. Sample no. 62083-A.)

This case involved a shipment of candies, certain of the pieces containing a penny embedded in the candy and completely concealed.

On February 13, 1934, 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 19 boxes of candy at Baltimore, Md., alleging that the article had been shipped in interstate commerce, on or about January 28, 1934, by the Josephson Candy Co., Inc., from Long Island City, N.Y., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "120 Count Pocketbook."

It was alleged in the libel that the article was adulterated under the provisions of the law relating to confectionery, in that it contained an ingredient deleterious or detrimental to health, namely, a copper cent. Adulteration under the provisions of the law relating to food was alleged for the reason that the article contained an added deleterious ingredient, namely, a copper cent, which might have rendered it injurious to health.

On March 27, 1934, 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.

22147. Adulteration of confectionery. U. S. v. 96 Boxes of Confectionery. Default decree of condemnation, forfeiture, and destruction. (F. & D. no. 31983. Sample no. 59249-A.)

This case involved a shipment of confectionery which contained alcohol. On February 14, 1934, 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 96 boxes of candy at St. Louis, Mo., alleging that the article had been shipped in interstate commerce, on or about December 8, 1933, by Beer Distributing (Distributors), Inc., from Chicago, Ill., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "Cordials."

It was alleged in the libel that the article was adulterated in that it contained spirituous liquor.

On March 17, 1934, 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.

22148. Misbranding of canned bean sprouts and canned vegetables. U.S. v. 18 Cases of Canned Bean Sprouts and 14 Cases of Canned Vegetables. Consent decrees of condemnation and forfeiture. Products released under bond for relabeling. (F. & D. nos. 31987, 31988. Sample nos. 66740-A, 66741-A.)

These cases involved canned bean sprouts and canned vegetables which were short weight.

On February 23, 1934, the United States attorney for the District of Wyoming, acting upon a report by the Secretary of Agriculture, filed in the district court libels praying seizure and condemnation of 18 cases of canned bean sprouts and 14 cases of canned vegetables at Casper, Wyo., alleging that the articles had been shipped in interstate commerce, by the Morey Mercantile Co., from Denver, Colo., in part on or about August 31, 1933, and in part on or about October 31, 1933, and charging misbranding in violation of the Food and Drugs Act as amended. The articles were labeled in part: "La Choy Bean Sprouts [or "Imported and Domestic Vegetables "] Contents Fifteen Ozs. La Choy Food Products Inc. Detroit Mich."

It was alleged in the libels that the articles were misbranded in that they were labeled so as to deceive and mislead the purchaser, since the cans were labeled “Fifteen Oz." and contained less than 15 ounces. Misbranding was alleged for the further reason that the articles were in package form and the quantity of the contents was not plainly and correctly stated on the outside of the packages.

On March 2, 1934, the Walter Schultz Co., Casper, Wyo., having appeared as claimant for the property and having consented to the entry of decrees, judgments of condemnation and forfeiture were entered, and it was ordered by the court that the products be released to the claimant upon payment of costs and the execution of bonds totaling $200, conditioned that they be relabeled under the supervision of this Department.

M. L. WILSON, Acting Secretary of Agriculture.

22149. Adulteration and misbranding of butter. U. S. v. 6 Cases of Butter. Default decree of destruction. (F. & D. no. 32006. Sample no. 49411-A.)

This case involved an interstate shipment of butter which was short weight. A sample of the product was found to contain fragments of flies, rodent hairs, feathers, coal, sand, small splinters, a maggot, and other substances.

On February 6, 1934, the United States attorney for the Southern District of Georgia, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of six 30-pound cases of butter at Savannah, Ga., alleging that the articles had been shipped in interstate commerce by the Cloverleaf Butter Co., from Birmingham, Ala., on or about January 28, 1934, and charging misbranding in violation of the Food and Drugs Act as amended. On February 26, 1934, the libel was amended to charge that the product was also adulterated. The article was labeled in part: "One Pound Net Cloverleaf Brand Process Butter Manufactured by Cloverleaf Butter Co. Birmingham, Ala."

It was alleged in the libel as amended that the article was adulterated in that it consisted in whole or in part of a filthy, decomposed, and putrid animal substance.

Misbranding was alleged for the reason that the statement, "1 lb. Net Wt.", was false and misleading, and 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, since the packages contained less than the declared weight.