5 34p. N. J., F. D. C. 1501-1700 FEDERAL SECURITY AGENCY FOOD AND DRUG ADMINISTRATION Issued December 1941 NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT [Given pursuant to section 705 of the Food, Drug, and Cosmetic Act] 1501-1700 The cases reported herewith, commenced prior to June 30, 1940, were instituted in the United States District Courts by the United States attorneys acting upon reports submitted by direction of the Secretary of Agriculture; and those commenced on and after that date were similarly instituted upon reports submitted by direction of the Federal Security Administrator. PAUL V. MCNUTT, Administrator, Federal Security Agency. 1501. Misbranding of tea bags. U. S. v. 31% Cartons of Tea Bags. Default decree of condemnation and destruction. (F. D. C. No. 2417. Sample No. 2820-E.) The boxes containing this product were cellophane-wrapped and contained 25 tea bags in a glassine bag. The tea bags when placed in the box without the glassine bag occupied less than 60 percent of the space in the box. The quantity of the contents was less than the amount declared and the net weight statement was inconspicuously printed near the bottom of the box. On or about July 25, 1940, the United States attorney for the District of Maine filed a libel against 31% cartons of tea bags at Portland, Maine, alleging that the article had been shipped in interstate commerce on or about April 4, 1940, by William S. Patterson Co., Inc., from Arlington, Mass.; and charging that it was misbranded. The article was labeled in part: (Boxes) "Maine Tea Co. Portland, Me. 25 Our Own Brand Tea Bags." The article was alleged to be misbranded in that the statement "Net Weight 2 Ounces" was false and misleading since it was incorrect. It was alleged to be 420182°-41--1 misbranded further in that its container was so made, formed, or filled as to be misleading; in that it was in package form and did not bear an accurate statement of the quantity of the contents; and in that the statement of the quantity of the contents required by law to appear on the label or labeling was not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) as to render it likely to be read by the ordinary individual under customary conditions of purchase and use. On August 14, 1940, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. FRUIT JUICES re 1502. Adulteration of grapefruit juice. U. S. v. 1,673 Cases of Canned Grapefruit Juice. Consent decree of condemnation. Product ordered leased under bond for segregation and destruction of unfit portion. (F. D. C. No. 2342. Sample No. 30404-E.) Samples of this product were found to contain maggots and rodent hairs. On or about July 16, 1940, the United States attorney for the Northern District of Illinois filed a libel against 1,673 cases of canned grapefruit juice at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about April 11, 1940, by the Christensen Products Corporation from Weslaco, Tex.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part: "Tropic Gold Bild-Up Packed Exclusively for Bill Rice Products." On August 16, 1940, the Christensen Products Corporation, claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond conditioned that it be segregated according to code numbers so as to separate the fit from the unfit and that it be disposed of in compliance with the law. The unfit portion was segregated and destroyed in accordance with said decree. 1503. Adulteration of tomato juice. U. S. v. 20, 65, 35, and 110 Cases of Tomato Juice. Default decree of condemnation and destruction. (F. D. C. No. 2171. Sample Nos. 13172-E to 13175-E, incl.) This product contained excessive mold, indicating the presence of decomposed material. On June 11, 1940, the United States attorney for the District of Idaho filed a libel against a total of 230 cases of tomato juice at Moscow, Idaho, alleging that the article had been shipped in interstate commerce on or about October 17, 1939, by the Royal Canning Corporation from Ogden, Utah; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. The article was variously labeled in part: "Royal Club Fancy Tomato Juice * * Packed for Mason Ehrman and Co. Portland Oregon"; "IGA Tomato Juice * * * Packed for Independent Grocers Alliance Distributing Company New York-Chicago-San Francisco." On May 14, 1941, the claimant having withdrawn its answer, judgment of condemnation was entered and the product was ordered destroyed. 1504. Adulteration of tomato juice. U. S. v. 195 Cases of Tomato Juice. Default decree of condemnation and destruction. (F. D. C. No. 3050. Sample No. 26105-E.) This product contained mold, indicating the presence of decomposed material. On September 20, 1940, the United States attorney for the District of Oregon filed a libel against 195 cases of tomato juice at Medford, Oreg., alleging that the article had been shipped in interstate commerce on or about October 14, 1939, by the Royal Canning Corporation from Ogden, Utah; 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) "Royal Club Fancy Tomato Juice. * Packed for Mason Ehrman & Co., Portland Oregon.” On May 12, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. * CEREAL PRODUCTS FLOUR Nos. 1505 to 1519 report the seizure and disposition of flour that was in interstate commerce at the time of examination and was found to be insect-infested at that time. It was not alleged in these cases that the contamination existed at the time the flour was shipped. JAN 12'42 1501-1700] NOTICES OF JUDGMENT 1505. Adulteration of flour. U. S. v. 173 Bags of Flour. 3 Consent decree of condemnation. Product released under bond to be denatured. (F. D. C. No. 2464. Sample No. 9797-E.) On July 30, 1940, the United States attorney for the Southern District of Alabama filed a libel against 173 bags of flour at Mobile, Ala., alleging that the article had been shipped in interstate commerce on or about June 3, 1940, by the Arkansas City Flour Mills from Arkansas City, Kans.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance. On October 8, 1940, the Dixie Portland Flour Co., of Memphis, Tenn., claimant, having admitted the allegations of the libel, judgment of condemnation was entered, and the product was ordered released under bond conditioned that it be denatured and disposed of for purposes other than human consumption. 1506. Adulteration of flour. U. S. v. 102 Bags and 44 Bags of Flour. Default decrees of condemnation and destruction. (F. D. C. Nos. 3070, 3086. Sample Nos. 15920-E, 39281-E.) On September 24, 1940, the United States attorney for the Western District of Arkansas filed libels against 146 bags of flour at Clarksville, Ark., alleging that the article had been shipped in interstate commerce on or about January 8 and March 19, 1940, by the Canadian Mill & Eelevator Co. from El Reno, Okla.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part: "Golden Beauty * * * Flour." On April 2, 1941, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. 1507. Adulteration of flour. U. S. v. 111 Bags of Flour. Consent decree of condemnation. Product released under bond to be reworked and denatured. (F. D. C. No. 2463. Sample No. 9796-E.) On July 30, 1940, the United States attorney for the Southern District of Alabama filed a libel against 111 bags of flour at Mobile, Ala., alleging that the article had been shipped in interstate commerce on or about May 13, 1940, by the Dixie Portland Flour Co. from Memphis, Tenn.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance. On October 8, 1940, the Dixie Portland Flour Co., a corporation, claimant, having admitted the allegations of the libel, judgment of condemnation was entered, and the product was ordered released under bond conditioned that it be denatured and disposed of for purposes other than human consumption. 1508. Adulteration of flour. U. S. v. 200 Bags of Flour. Default decree of condemnation and destruction. (F. D. C. No. 3758. Sample No. 47305-E.) On or about February 11, 1941, the United States attorney for the Northern District of Illinois filed a libel against 200 bags of flour at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about September 26, 1940, by the Farmers Cooperative Mercantile Co. from Scribner, Nebr.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part: (Bags) "Bleached Bakers King Flour." On April 14, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 1509. Adulteration of flour. U. S. v. 4 Bags of Flour. Consent decree of con demnation and destruction. (F. D. C. No. 3882. Sample No. 47309-E.) On March 3, 1941, the United States attorney for the Northern District of Illinois filed a libel against 4 bags of flour at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about November 1, 1940, by the W. J. Denison Co. from Appleton, Minn.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part: "Beulah Highest Grade Strong Bakers Flour." On March 21, 1941, the consignee having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered destroyed. 1510. Adulteration of flour. U. S. v. 142 Bags of Flour. Consent decree of condemnation and destruction. (F. D. C. No. 3727. Sample No. 47302–E.) On February 5, 1941, the United States attorney for the Northern District of Illinois filed a libel against 142 bags of flour at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about May 24, 1940, by the Larabee Flour Mills Co. from Kansas City, Mo.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance. The article was labeled in part: (Tag) "Neumann Fancy Strong Clear." On February 20, 1941, the consignee having consented to the entry of a decree, judgment of condemnation was ordered and the product was ordered destroyed. 1511. Adulteration of flour. U. S. v. 4 Bags of Flour. demnation and destruction. (F. D. C. No. 3995. Default decree of conSample No. 46784-E.) On March 15, 1941, the United States attorney for the District of New Jersey filed a libel against 4 bags of flour at Newark, N. J., alleging that the article had been shipped in interstate commerce on or about April 8, 1940, by the Minot Flour Mill Co., Inc., from Minot, N. Dak.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part "Expander Flour." On May 1, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 1512. Adulteration of flour. U. S. v. 46 Bags of Flour. Default decree of (F. D. C. No. 3757. Sample No. 47304-E.) condemnation and destruction. On February 7, 1941, the United States attorney for the Northern District of Illinois filed a libel against 46 bags of flour at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about November 2, 1940, by the National Milling Co. from Hastings, Minn.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part: "High Gluten Empress Flour." On April 14, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 1513. Adulteration of flour. U. S. v. 16 and 56 Bags of Flour. Default decree of condemnation and destruction. (F. D. C. No. 3996. Sample Nos. 46799-E, 46800-E.) On March 15, 1941, the United States attorney for the District of New Jersey filed a libel against 72 bags of flour at Newark, N. J., alleging that the article had been shipped in interstate commerce on or about June 22, 1940, by the Stanard-Tilton Milling Co. from Dallas, Tex.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part: "Dynamo First Clear Flour Bleached Distributed by Metzendorf Bros., Inc.;" or "Fancy Dynamo First Clear Flour Metzendorf Bros., Inc., Distributor." On May 1, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 1514. Adulteration of flour. U. S. v. 30 Bags of Flour. Default decree of condemnation and destruction. (F. D. C. No. 3301. Sample No. 34963-E.) On October 30, 1940, the United States attorney for the Eastern District of New York filed a libel against 30 bags of flour at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about November 10, 1939, by the Tri-State Milling Co. from Rapid City, S. Dak.; and charging that' it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part: "Spring High Gluten Marksman Brand Flour." On April 15, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 1515. Adulteration of flour. U. S. v. 17 and 29 Bags of Flour. Consent decree of condemnation. Product ordered_distributed to county institutions for use as feed for livestock. (F. D. C. No. 2511. Sample Nos. 28714-E, 28715-E.) On August 19, 1940, the United States attorney for the Southern District of West Virginia filed a libel against 46 bags of flour at Welch, W. Va., alleging that the article had been shipped in interstate commerce on or about May 17 and July 1, 1940, by the Wichita Flour Mills Co. from Wichita, Kans.; and charging that it was adulterated in that it was insect-infested and was otherwise unfit for food. It was labeled in part: "Kansas Expansion Flour." On February 21, 1941, the Wichita Flour Mills Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and it was ordered that the product might be released under bond to be disposed of for animal feed. On May 12, 1941, the claimant having failed to take the product down under bond, it was ordered distributed to a county institution to be denatured and used as stock and hog feed. 1516. Adulteration of flour. U. S. v. 10 Bags of Flour. demnation and destruction. (F. D. C. No. 2493. Default decree of conSample No. 28811-E.) On August 13, 1940, the United States attorney for the Eastern District of North Carolina filed a libel against 10 bags of flour at Warrenton, N. C., alleging that the article had been shipped in interstate commerce on or about January 5 and April 13, 1940, by the Wilkins-Rogers Milling Co., Inc., from Washington, D. C.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. It was labeled in part: "White Lily Fancy Patent Flour." On October 29, 1940, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed after 30 days unless taken down under bond by the owner. The product was destroyed in accordance with the decree. 1517. Adulteration of self-rising flour. U. S. v. 88 Sacks and 42 Bags of Flour (and 1 other seizure action against flour). Default decrees of condemnation and destruction. (F. D. C. Nos. 2815, 2816, 2997. Sample Nos. 9913-E, 9914-E, 20849-E, 20850-E.) On or about October 2, 1940, the United States attorney for the Northern District of Florida and the Southern District of Mississippi filed libels against 88 sacks and 42 bags of flour at Tallahassee, Fla., and 232 bags of flour at Meridian, Miss., alleging that the article had been shipped in interstate commerce within the period from on or about January 15 to on or about May 7, 1940, by the Kansas Milling Co. from Wichita, Kans., and Knoxville, Tenn. Records secured from the consignee of the 42 bags shipped from Knoxville, Tenn., showed that it was shipped by J. Allen Smith & Co. from Knoxville, Tenn. It was charged that the article was adulterated in that it consisted wholly or in part of a filthy substance. It was labeled in part variously: "De Rose Fancy Patent Flour Bleached Self-Rising"; "J. Allen Smith Knoxville, Tennessee White Lily Self-Rising Flour Bleached 20 lbs."; or "Spillway Flour Lassen-Jackman Mlg. Co." * * * On May 18, 1941, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. 1518. Adulteration of rye graham flour. U. S. v. 9 Bags of Rye Graham Flour. Default decree of condemnation and destruction. (F. D. C. No. 3865. Sample No. 46480-E.) This product also contained rodent hairs and excreta. On February 27, 1941, the United States attorney for the Southern District of New York filed a libel against 9 bags of rye graham flour at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about February 6, 1941, by A. Katz from Hightstown, N. J.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance, and in that it had been prepared under insanitary conditions whereby it might have become contaminated with filth. On March 25, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 1519. Adulteration of rye graham flour. U. S. v. 131 Bags and 60 Bags of Rye Graham Flour. Default decrees of condemnation and destruction. (F. D. C. Nos. 3785, 3808. Sample Nos. 46469-E, 46461-E.) This product contained rodent hairs and rodent excreta. On February 10 and 13, 1941, the United States attorney for the Southern District of New York filed libels against 191 bags of rye graham flour at New York, N. Y., alleging that the article had been shipped in interstate commerce within the period from on or about December 20, 1940 to on or about January 20, 1941, by Gross Bros., Inc., from Hightstown, N. J.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. On March 10 and April 24, 1941, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. CORN MEAL 1520. Adulteration of corn meal. U. S. v. 110 and 80 Bags of Corn Meal. Default decree of condemnation. Product ordered delivered to a county institution for use as feed for livestock. (F. D. C. No. 2510. Sample Nos. 28705-E, 28706-E.) This product contained rodent hairs, rodent excreta, and insect fragments. On August 19, 1940, the United States attorney for the Southern District of West Virginia filed a libel against 110 10-pound bags and 80 25-pound bags of corn meal at Bluefield, W. Va., alleging that the article had been shipped in |