On February 3, 1940, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

412. Adulteration of pears. U. S. v. 26 Boxes of Pears. Default decree of condemnation and destruction. (F. D. C. No. 1196. Sample No. 85665-D.) On December 6, 1939, the United States attorney for the Eastern District of New York filed a libel (amended December 11, 1939) against 26 boxes of pears at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about November 18, 1939, by H. C. Myers from Boise, Idaho; and charging that it was adulterated in that it contained an added poisonous ingredient, lead, which might have rendered it injurious to health. It was labeled in part: (Box) "Beurre d'Anjou Extra Fancy * Pears. Grown by Horace Myers Boise Idaho."

On January 17, 1940, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

413. Adulteration and misbranding of oranges. U. S. v. 404 Bushels of Oranges in Bulk. Default decree of condemnation, forfeiture, and destruction. (F. D. C. No. 1038. Sample Nos. 82976-D, 82977-D.)

Examination showed that 30 percent of these oranges had marked dryness in 20 percent or more of the exposed pulp when the oranges were cut transversely through the center; and therefore were below U. S. Grade No. 2 on account of excess percentage of oranges showing dryness.

On November 21, 1939, the United States attorney for the Northern District of Georgia filed a libel against 404 bushels of oranges in bulk at Atlanta, Ga., alleging that the article had been shipped in interstate commerce on or about November 15, 1939, by Palca Fruit Growers, Inc., from Lakeland, Fla.; and charging that it was adulterated and misbranded. Each orange was marked

on the skin: "U. S. No. 2."

The article was alleged to be adulterated in that it was unfit for food because of dryness; in that a valuable constituent, juice, had been in whole or in part omitted or abstracted therefrom; in that a substance, dried oranges, had been substituted wholly or in part therefor; and in that the said damage or inferiority had been concealed.

It was alleged to be misbranded in that the statement "U. S. No. 2" was false and misleading when applied to oranges that were unfit for food and did not meet the requirements of the grade indicated.

On December 15, 1939, no claimant having appeared, a decree of condemnation and forfeiture was entered and the product was ordered destroyed.

CANNED FRUITS AND VEGETABLES

414. Adulteration of canned cherries. U. S. v. 71 Cases of Cherries. Default decree of condemnation and destruction. (F. D. C. No. 1361. Sample Nos. 83757-D, 90601-D.)

These canned cherries contained worms.

On January 18, 1940, the United States attorney for the District of Oregon filed a libel against 71 cases of canned cherries at Baker, Oreg., alleging that the article had been shipped in interstate commerce on or about September 19, 1939, by Pacific Fruit & Produce Co. from Yakima, Wash.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance. The article was labeled in part: (Cans) "Nation's Garden Brand Red Sour Pitted Cherries Packed for Fine Foods, Inc.

*

Seattle Minneapolis."

*

On March 5, 1940, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

415. Misbranding of canned cherries. U. S. v. 68 Cases of Cherries. Consent decree of condemnation. Product released under bond for relabeling. (F. D. C. No. 1431. Sample No. 89133-D.)

This product was short of the declared weight.

On or about February 5, 1940, the United States attorney for the Northern District of Illinois filed a libel against 68 cases of canned cherries at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about August 22, 1939, by Keystone Cooperative Grape Association, Inc., from Erie, Pa.; and charging that it was misbranded in that the statement "Contents 1 Lb. 5 Oz." appearing upon the containers was false and misleading since it was incorrect; and in that it was in package form and did not bear

an accurate statement of the quantity of the contents. It was labeled in part: (Cans) "Rand-Co Brand Pitted Black Cherries * * * Packed for Randolph Wholesale Grocery Co., Chicago, Ill."

On February 28, 1940, Keystone Cooperative Grape Association, claimant, having admitted the allegations of the libel, judgment of condemnation was entered, and the product was ordered released under bond, to be relabeled under the supervision of this Department.

CANNED PEAS

416. Adulteration and misbranding of canned peas. U. S. v. 14 Cases of Early June Peas. Default decree of condemnation and destruction. (F. D. C. No. 1168. Sample No. 68769-D.)

This product was in interstate commerce and was labeled "Early June Peas." Investigation showed that it was canned dry peas, and also that it had been packed by a firm other than the one named on the label as the packer. On December 11, 1939, the United States attorney for the District of New Jersey filed a libel against 14 cases of canned peas at Newark, N. J., alleging that the article had been shipped in interstate commerce or or about November 1, 1939, by York Star Canning Co., Inc., from New York, N. Y.; and charging that it was adulterated and misbranded. The article was labeled in part: "Arlee Early June Peas * Packed by Arlington Canning Co., Arlington, Wis."

It was alleged to be adulterated in that soaked dry peas had been substituted wholly or in part for early June peas. It was alleged to be misbranded in that the statement "Early June Peas" and the design of peas in pods, borne on the label, were false and misleading, since it was canned soaked dry peas. It was alleged to be misbranded further in that the statement "Packed by Arlington Canning Co., Arlington, Wis." was false and misleading since it was packed by York Star Canning Co., Inc., New York, N. Y.

On March 5, 1940, no claimant having appeared, Judgment of condemnation was entered and the product was ordered destroyed.

417. Adulteration and misbranding of canned peas. U. S. v. 8 Cases of Canned Peas (and 2 other seizure actions involving canned peas). Default decrees of condemnation. Portion of product distributed to charitable institutions; remainder ordered destroyed. (F. D. C. Nos. 1140, 1141, 1144. Sample Nos. 68760-D, 68762-D, 68763-D, 68764-D.)

This product consisted of canned dry peas and not early June peas as labeled. On December 5 and 7, 1939, the United States attorney for the Southern District of New York filled libels against 17 cases of canned peas at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about October 81 and November 7, 1939, by the Uco Food Corporation from Newark, N. J. On December 6, 1939, the United States attorney for the Eastern District of New York filled a libel (amended January 10, 1940) against 12 cases of canned peas at Brooklyn, N. Y., which had been consigned by Uco Food Corporation from Newark, N. J., on or about August 4 and November 10, 1939. A portion of the article was labeled in part: "Pultney Brand Early June Peas Packed by K. M. Davies Co., Inc. at Williamson, N. Y." The remainder was labeled in part: "Lawndale Brand Early June Peas Distributed By West Side Wholesale Grocery Co., Chicago, Ill."

*

The article was alleged to be adulterated in that dry peas had been substituted in whole or in part for early June peas. It was alleged to be misbranded in that the statement on the label, "Early June Peas," was false and misleading, since it was canned dry peas.

On December 28, 1939, and January 22, 1940, no claimant having appeared, Judgments of condemnation were entered, and the lots seized at New York, N. Y., were ordered distributed to charitable institutions, and the lot seized at Brooklyn, N. Y., was ordered destroyed.

418. Adulteration and misbranding of canned peas.

U. 8. v. 118 Cases of Early June Peas (and 9 other seizure actions against canned peas). Cases ordered consolidated. Consent decree of condemnation. Product ordered released under bond to be relabeled. (F. D. C. Nos. 1142, 1149 to 1157, incl. Sample Nos. 68751-D to 68759-D, incl., 77706-D.)

This product was canned dry peas. It was in interstate commerce and was labeled: "Early June Peas."

On December 5 and 9, 1939, the United States attorneys for the Eastern District of Pennsylvania and the District of New Jersey filled libels against 118 cases of canned peas at Philadelphia, Pa., and 2,574 cases of canned peas

at Newark, N. J., alleging that the lots at Newark, N. J., had been shipped in interstate commerce within the period from on or about August 11 to on or about November 9, 1939, by York Star Canning Co., from New York, N. Y., and that the lot at Philadelphia, Pa., had been shipped on or about August 29, 1939, by the Essex Warehouse Co., from Newark, N. J.; and charging that the article was adulterated and misbranded. The article was labeled variously in part: (Cans) "Pultney [or "Williamson"] Brand Early June Peas Packed by K. M. Davies Co., Inc. at Williamson, N. Y."; "Lawndale [or "Compare"] Brand Early June Peas Distributed by West Side

Grocery Co. Chicago, Ill."

*

It was alleged to be adulterated in that dry peas had been substituted wholly or in part for early June peas. It was alleged to be misbranded in that the statement on the label, "Early June Peas," was false and misleading, since it was canned dry peas.

On January 3, 1940, upon petition filed by the Amboy Food Corporation, claimant, the action instituted in the Eastern District of Pennsylvania was ordered transferred to the District of New Jersey for consolidation with the cases in that district. On February 15, 1940, the claimant having admitted the allegations of the libels and having consented to the entry of a decree in the consolidated cases, judgment of condemnation was entered, and the product was ordered released under bond conditioned that it be relabeled under the supervision of this Department.

419. Adulteration and misbranding of canned peas. U. S. v. 58 Cases of Canned Peas. Default decree of condemnation and destruction. (F. D. C. No. 1504. Sample No. 86270-D.)

This product was canned soaked dry peas and not early June peas as labeled.

On February 20, 1940, the United States attorney for the District of New Jersey filed a libel against 58 cases of canned peas at Jersey City, N. J., alleging that the article had been shipped in interstate commerce on or about January 8, 1940, by the Frederick City Packing Co. from Frederick, Md. ; and charging that it was adulterated and misbranded. It was labeled in part: "Richland Brand Early June Peas."

Adulteration was alleged in that soaked dry peas had been substituted wholly and in part for early June peas. The article was alleged to be misbranded in that the statement "Early June Peas" and the design of peas in pods, borne on the label, were false and misleading.

On March 27, 1940, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

420. Adulteration of canned field peas with snaps. U. S. v. 498 Cases of Field Peas with Snaps. Default decree of condemnation and destruction. (F. D. C. No. 647. Sample No. 66353-D.)

Examination of this product showed that it contained insect larvae and eggs. On September 30, 1939, the United States attorney for the Eastern District of South Carolina filed a libel against 498 cases, each containing 24 cans of field peas with snaps, at Sumter, S. C., alleging that the article had been shipped in interstate commerce on or about August 21, 1939, by the R. O. Kelley Cannery from Mitchell, Ga.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. It was labeled in part: "Kelley's Best."

On January 25, 1940, a default decree of condemnation, forfeiture, and destruction was entered.

421. Adulteration of canned field peas with snaps. U. S. v. 23 Cases, 15 Cases, and 19 Cases of Canned Field Peas with Snaps. Default decrees of condemnation and destruction. (F. D. C. Nos. 911, 912, 913. Sample Nos. 82608-D, 82609-D, 82613-D.)

Examination of this product showed that it was insect-infested.

On or about November 14, 1939, the United States attorney for the Southern District of Florida filed libels against 23 cases of canned peas at Daytona Beach, Fla., and 34 cases of canned peas at Orlando, Fla., alleging that the article had been shipped in interstate commerce on cr about September 6, 21, and 27, 1939, by the Concord Corporation from Cairo, Ga.; and charging that it was adulterated in that it consisted in whole or in part of a filthy sub stance. It was labeled in part: "Crine's Quality Field Peas with Snaps."

On December 11, 1939, and January 24, 1940, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

CANNED PUMPKIN

422. Adulteration of canned pumpkin. U. S. v. 15 Cases of Canned Pumpkin. Default decree of condemnation and destruction. (F. D. C. No. 806. Sample No. 58079-D.)

This product was in interstate commerce at the time of examination, and was found to be undergoing chemical decomposition at that time.

On October 25, 1939, the United States attorney for the District of Arizona filed a libel against 15 cases of canned pumpkin at Nogales, Ariz., alleging that the article had been shipped in interstate commerce on or about August 31, 1935, from Vinton, Iowa, by Iowa Canning Co.; and charging that it was adulterated in that it consisted wholly or in part of a decomposed substance. The article was labeled in part: (Cans) "Fernbrook Brand Pumpkin Sac City Pumpkin Packed by Sac City Canning Co., Sac City and Storm Lake, Iowa."

* *

On February 5, 1940, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

423. Adulteration of canned pumpkin. U. S. v. 20 Cases of Canned Pumpkin. Default decree of condemnation and destruction. (F. D. C. No. 860. Sample No. 58092-D.)

This product had been shipped in interstate commerce and was in interstate commerce at the time of examination, at which time it was found to be in whole or in part decomposed.

On November 13, 1939, the United States attorney for the District of Arizona filed a libel against 20 cases of canned pumpkin at Nogales, Ariz., alleging that it had been shipped on or about March 18, 1935, by Morgan Packing Co. from Austin, Ind.; and charging that it was adulterated in that it consisted wholly or in part of a decomposed substance. The article was labeled in part: "Scott Co. Brand Pumpkin.”

On February 5, 1940, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

CANNED MIXED VEGETABLES

424. Misbranding of canned mixed vegetables. U. S. v. 45 Cases of Mixed Vegetables. Default decree of condemnation. Product ordered delivered to a charitable institution. (F. D. C. No. 815. Sample No. 70669-D.) This product was a mixture of carrots, string beans, lima beans, and peas. The labeling was misleading since the mixture contained no celery, beets (or pimientos), and potatoes, which were depicted on the vignette on the label while it did contain carrots and lima beans which were not shown on the vignette.

On October 27, 1939, the United States attorney for the District of Colorado filed a libel against 45 cases of canned mixed vegetables at Denver, Colo., consigned by the Rocky Mountain Packing Corporation, alleging that the article had been shipped in interstate commerce on or about September 9, 1939, from Murray, Utah; and charging that it was misbranded. The article was labeled in part: (Cans) "Y B Your Best Brand [vignette of a dish of mixed vegetables] Packed for the Yoelin Bros. Mercantile Co. Denver, Colo."

Misbranding was alleged in that the vignette was false and misleading when applied to an article that did not contain celery, beets (or pimientos), and potatoes, but did contain carrots and lima beans.

On December 7, 1939, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a charitable institution.

FRUIT AND VEGETABLE PRODUCTS

APPLE BUTTER

425. Adulteration and misbranding of apple butter.

U. S. v. 12 Cases of Apple

Butter. Default decree of condemnation and destruction. (F. D. C. No. 1022. Sample No. 83642-D.)

This product contained arsenic and lead. It also contained insects and insect fragments and was short of the declared weight.

On November 21, 1939, the United States attorney for the District of Oregon filed a libel against against 12 cases of apple butter at Ontario, Oreg., alleging that the article had been shipped in interstate commerce on or about September 16, 1939, by Spring Valley Dairy Products Co. from Nampa, Idaho; and charging that it was adulterated and misbranded. It was labeled in part: (Jars) "Spring Valley Brand Pure Apple Butter. Net Wt. 32 Ozs."

The article was alleged to be adulterated in that it contained poisonous or deleterious substances, lead and arsenic, which might have rendered it injurious to health. It was alleged to be adulterated further in that it consisted wholly or in part of a filthy substance.

It was alleged to be misbranded in that the statement on the label, “Net Wt. 32 Ozs.," was false and misleading since it was incorrect; and in that it was in package form and did not bear an accurate statement of the quantity of the contents.

On January 12, 1940, no claimant having appeared, Judgment of condemnation was entered and the product was ordered destroyed.

VEGETABLE SOUP MIXTURE

426. Adulteration and misbranding of vegetable soup mixture. U. S. v. 33 Dozen Packages of Vita-Cup Brand Vegetable Soup. Default decree of condemnation and destruction. (F. D. C. No. 916. Sample No. 74301-D.) This product was represented to be a mixture from which vegetable soup could be made. It consisted, however, of about 73 percent of noodles and 27 percent of dried vegetables and kelp. Certain vegetables depicted on a vignette on the package were not found in the mixture; the contents occupied not more than 63 percent of the carton; the weight was less than that declared; and the labeling was misleading in other particulars.

On November 10, 1939, the United States attorney for the District of Massachusetts filed a libel against 33 dozen packages of vegetable soup mixture at Boston, Mass., alleging that the article had been shipped in interstate commerce on or about October 21 and 26, 1939, by Martha E. Bussler, Inc., from New York, N. Y.; and charging that it was adulterated and misbranded.

The article was alleged to be adulterated in that a substance containing 73 percent of noodles had been substituted wholly or in part for an article which purported to be vegetable soup.

It was alleged to be misbranded in that the statement, "Vegetable Soup * Made from 1 Pound Fresh Garden Vegetables Concentrated • Contents Carrots, Celery, Kelp, Okra, Onions, Leek, Parsley, Parsnips, Rutabagas, Beans, Turnips, Tomatoes, Vegetable seasoning and Egg Products Concentrated Vegetables," borne on the label, were false and misleading when applied to an article consisting essentially of noodles with some dried vegetables and seaweed (kelp); in that the vignette borne on the label was false and misleading since no peas or lima beans were found in the mixture; in that the statement "Conforms to State and all Federal Pure Food laws," was false and misleading since the article did not conform to the provisions of the Federal Food, Drug, and Cosmetic Act; in that the statement "2 Oz. Net Weight When Packed" was false and misleading since it was incorrect; in that the article was offered for sale under the name of another food, namely, "Vegetable Soup"; in that its container was so made, formed, or filled as to be misleading; and in that it was in package form and did not bear an accurate statement of the quantity of contents.

On December 18, 1939, no claimant having appeared, a decree of condemnation was entered and the product was ordered destroyed.

TOMATOES AND TOMATO PRODUCTS

Nos. 427 to 484 report the seizure and disposition of tomato products which contained excessive mold.

427. Adulteration of tomato catsup. U. 8. v. 699 Cases of Tomato Catsup. Default decree of condemnation and destruction. (F. D. C. No. 1300. Sample No. 75482-D.)

On January 6, 1940, the United States attorney for the Northern District of Ohio filed a libel against 699 cases of tomato catsup at Cleveland, Ohio, alleging that the article had been shipped in interstate commerce on or about September 25, 1939, by Beutel Pickling & Canning Co. from Bay City, Mich.; and charging that it was adulterated in that it consisted wholly or in part