NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG,

AND COSMETIC ACT

[Given pursuant to section 705 of the Food, Drug, and Cosmetic Act]

10001-10200
FOODS

The cases reported herewith were instituted in the United States district courts by the United States attorneys acting upon reports submitted by direction of the Federal Security Administrator.

MAURICE COLLINS, Acting Administrator, Federal Security Agency.

10001. Misbranding of Esterex. U. S. v. 4 Cases of Esterex. Tried to the court. Decree of condemnation. Product ordered released under bond. (F. D. C. No. 13768. Sample No. 71099-F.)

LIBEL FILED: September 13, 1944, District of Oregon; amended March 23 and July 2, 1945.

ALLEGED SHIPMENT: On or about June 28, 1944, by the C. O. and W. D. Sethness Co., from Chicago, Ill.

PRODUCT: 4 cases, each containing 4 1-gallon jugs, of Esterex at Portland, Oreg. Analysis showed that the product was a water solution of monochloracetic acid and other chlorides, containing about 11 grams of monochloracetic acid per 100 cc.

LABEL, IN PART: "Estrex

Monochloracetic Acid)."

746610-47-1

Contains Water and (Salts and Esters of

341

NATURE OF CHARGE: Misbranding, Section 403 (a), the labeling was misleading

in that it failed to reveal the fact that the article contained about 11 grams per

100 cc. of monochloracetic acid, a poisonous and deleterious substance, which

caused the article to be a poisonous and deleterious substance and which

rendered it unwholesome and unsuitable for use as a component of food used

by man.

DISPOSITION: On November 28, 1944, the C. O. and W. D. Sethness Co., claimant,
having filed a petition for the removal of the case for trial to another juris-
diction, an order was entered directing the transfer of the case to the Eastern
District of Wisconsin. Thereafter, the claimant filed an answer denying the
misbranding of the product, and on July 2, 1945, the case came on for trial
before the court. After consideration of the testimony of the parties and the
arguments of counsel, the court, on September 4, 1945, handed down the
following findings of fact and conclusions of law:

F. RYAN DUFFY, District Judge:

FINDINGS OF FACT

"1. On or about the 28th day of June, 1944 said C. O. & W. D. Sethness Com-

pany did ship and consign from Chicago, Illinois to Portland, Oregon said

article so seized.

"2. That said article consists of a solution of monochloroacetic acid in water

in the proportions of eleven grams of monochloroacetic acid to one hundred

cubic centimeters of the article. Monochloroacetic acid is a poisonous and

deleterious substance, and the article is a poisonous and deleterious substance.

"3. Said article was sold and shipped by claimant to be used as a component

of food.

"4. When introduced into interstate commerce as aforesaid, the labeling of

said article represented that it was a non-poisonous and harmless substance
and failed to reveal the fact material in the light of such representation that
said article is a poisonous and deleterious substance, and that by reason of
said omission I find that said labeling was misleading within the meaning
of Sec. 343 (a), Title 21, United States Code.

"5. That Esterex, when used in proportions not to exceed 500 parts per mil-
lion of monochloroacetic acid, does not render foods or beverages injurious,
deleterious or unsafe for human consumption.

CONCLUSIONS OF LAW

"1. That the said article under seizure is misbranded in violation of Sec.

343 (a), Title 21, United States Code, because its labeling is misleading within

the meaning of Sec. 343 (a), and was introduced into interstate commerce in
violation of Sec. 331 (a), Title 21, United States Code, and is subject to con-
demnation, pursuant to Sec. 334 (a), Title 21, United States Code. Let a de-
cree of condemnation be entered accordingly, with costs against the claimant."
On September 4, 1945, judgment of condemnation was entered and the product

was ordered released under bond to be brought into compliance with the law,

under the supervision of the Federal Security Agency.

10002. Misbranding of Esterex. U. S. v. 15 Bottles of Esterex (and 8 other

seizure actions against Esterex). Default decrees of condemnation and

destruction. (F. D. C. Nos. 15339, 16130, 16158, 16159, 17262, 18014, 18016,

18825, 18953, 19137. Sample Nos. 13462-H, 20134-H, 20198-H, 20199-H,
21957-H, 23833-H, 23877-H, 23887-H, 25090-H, 33161-H.)

LIBELS FILED: Between March 5, 1945, and February 21, 1946, Western District
of Oklahoma, Eastern, Western, and Northern Districts of Texas, Western
District of Tennessee, Northern District of Ohio, and District of Kansas. An
amended libel was filed in the Western District of Tennessee on January 28,
1946, to charge the product to be a food instead of a drug as originally charged.
ALLEGED SHIPMENT: Between the approximate dates of August 5, 1944, and
November 26, 1945, by C. O. and W. D. Sethness Co., from Chicago, Ill.

PRODUCT: 108 1-gallon bottles of Esterex at Oklahoma City and Stillwater,

Okla.; Temple, Corsicana, and Sherman, Texas; Toledo, Ohio; Memphis, Tenn.;

and Winfield, Kans. Analysis disclosed that the product was an aqueous solu-

tion containing between 15 grams and 23 grams of monochloracetic acid per

100 cc.

LABEL, IN PART: "Cosco Esterex

*

* * *

* **

343

an

Contains Water and (Salts and

Esters of Monochloracetic Acid)," "Cosco Esterex

a buffered aqueous

solution of monochloracetic acid and its selected esters, salt, and glycerine.

Directions for stabilizing purposes use 1⁄2 ounce to each gallon of bottling

syrup, or to 6 gallons of finished drink," or "Cosco Esterex

aqueous solution of monochloracetic acid and its salts and esters, glycerine,

salt and certified food color. Caution: Esterex in its present concentrated

form is caustic, is not a finished food and should be used with care

Directions when use of a stabilizer is indicated by good manufacturing pro-

cedure, add 1⁄2 ounce of Esterex to each gallon of bottling syrup, or to 6 gallons

of finished drink."

NATURE OF CHARGE: Misbranding, Section 403 (a), the labeling of the article

was misleading in that it represented to purchasers that the article was whole-

some and suitable for use as a component of beverages used by man, whereas

the article contained monochloracetic acid, a poisonous and deleterious sub-

stance; and the labeling failed to reveal the material fact in the light of the

representations made, that the article contained a poisonous and deleterious

substance.

DISPOSITION: Between April 17, 1945, and March 22, 1946. No claimant having

appeared, judgments of condemnation were entered and the product was or-

dered destroyed.

10003. Adulteration of grape juice. U. S. v. 1,086 Cans of Grape Juice. Consent

decree of condemnation. Product ordered released under bond.

(F. D. C. No. 17187. Sample No. 31573-H.)

LIBEL FILED: August 24, 1945, Southern District of California.

ALLEGED SHIPMENT: On or about May 29, 1945, by the Monmouth Products Co.,

from Asbury Park, N. J.

PRODUCT: 1,086 5-gallon cans of grape juice at Los Angeles, Calif. This product

was undergoing active fermentation.

NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in

whole or in part of a decomposed substance.

DISPOSITION: October 8, 1945. The Monmouth Products Co., claimant, having

consented to the entry of a decree, judgment of condemnation was entered and

the product was ordered released under bond for conversion into alcohol or

brandy of any portion fit for such purposes, under the supervision of the Food

and Drug Administration.

10004. Adulteration of grapefruit juice. U. S. v. 1,798 Cases of Grapefruit Juice
(and 1 other seizure action against grapefruit juice). Consent decrees
of condemnation and destruction, (F. D. C. Nos. 15892, 17196. Sample
Nos. 20091-H, 22921-H.)

LIBELS FILED: April 9 and August 24, 1945, Eastern District of Missouri and

District of Nebraska.

ALLEGED SHIPMENT: On or about March 5 and May 17, 1945, by the Christensen
Products Co., from Weslaco, Tex.

PRODUCT: 1,798 cases, each containing 24 1-pint, 2-ounce cans, of grapefruit
juice at St. Louis, Mo., and 555 cases, each containing 12 1-quart, 14-ounce
cans, of the same product at Omaha, Nebr.

LABEL, IN PART: "Tom Boy 'flavor plus' [or "Fancy Red and White Brand"] Un-

sweetened Grapefruit Juice."

NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in

whole or in part of a filthy substance by reason of the presence of maggots, insect

eggs, fly eggs, and fly fragments; and, Section 402 (a) (4), the article had been

prepared under insanitary conditions whereby it may have become contami-

nated with filth.

DISPOSITION: September 10 and November 5, 1945. The shipper and the con-

signee of the Omaha lot having consented to the entry of a decree, and the

claimant of the St. Louis lot having admitted the allegations of the libel,

judgments of condemnation were entered and the product was ordered

destroyed.