On March 4, 1942, the United States attorney for the Southern District of Indiana filed a libel against 224 cases of canned peas at Indianapolis, Ind., alleging that the article had been shipped in interstate commerce on or about August 5 and 16, 1941, by Clyman Canning Co. from Clyman, Wis.; and charging that it was misbranded in that the term "Fancy" appearing on the label was false and misleading as applied to said article, since it was not Fancy because the peas were too old; and in that it purported to be a food for which a definition and standard of identity had been prescribed by law, and its label failed to bear the name of the optional ingredient, i. e., “Early," "June," or "Early June." It was labeled in part: "Hoosier Poet Brand Fancy Extra Sifted Peas * Packed For M. O'Connor & Co. Indianapolis, Ind."

On May 4, 1942, no claimant having appeared, judgment of forfeiture was entered and the product was ordered delivered to charitable institutions.

3545. Misbranding of canned peas. U. S. v. 449 Cases of Canned Peas. Consent decree of condemnation. Product ordered released under bond to be relabeled. (F. D. C. No. 6945. Sample No. 84541-E.)

This product was not of Fancy quality because the peas were too mature. On February 26, 1942, the United States attorney for the Eastern District of New York filed a libel against 449 cases of canned peas at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about September 15, 1941, by Marshfield Canning Co. from Marshfield, Wis.; and charging that it was misbranded in that the statement "Fancy," appearing on the label, was false and misleading as applied to canned peas that were not of Fancy quality. It was labeled in part: "Progresso Brand Fancy Tender Garden Sweet Peas."

On June 3, 1942, the Uddo & Taormina Co., Brooklyn, N. Y., 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 relabeled in compliance with the law.

3546. Adulteration of canned spinach. U. S. v. 312 Cases of Spinach. Default decree of condemnation and destruction. (F. D. C. No. 7133. Sample No. 83719-E.) Examination showed that this product contained insect fragments and larvae. On April 8, 1942, the United States attorney for the Eastern District of Louisiana filed a libel against 312 cases, each containing 24 No. 2 cans, of spinach at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about October 26, 1941, by the Good Canning Co. from Fort Smith, Ark.; 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: (Cans) "Iona Spinach Standard Quality * * The Great Atlantic & Pacific Tea Co., New York,

N. Y., Distributors."

On May 21, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3547. Adulteration of canned turnip greens. U. S. v. 32 Cases, 49 Cases, and 46 Cases of Canned Turnip Greens. Default decrees of condemnation and destruction. (F. D. C. Nos. 7111, 7163, 7348. Sample Nos. 70801-E, 70821-E, 70823-E, 70829-E.)

Examination showed that this product contained cockleburs.

On April 1, 8, and 15, 1942, the United States attorneys for the Northern and the Middle Districts of Georgia filed libels against 81 cases each containing 24 cans of turnip greens at Atlanta, and 46 cases each containing 24 cans of turnip greens at Columbus, Ga., alleging that the article had been shipped in interstate commerce on or about December 1 and 8, 1941, and February 10, 1942, by Alabama Products Canning Co., Inc., from Roanoke, Ala.; and charging that it was adulterated in that it contained an added deleterious substance, cockleburs, which might have rendered it injurious to health. The article was labeled in part: (Cans) "Morris Brand Turnip Greens Contents 1 Lb. 2 Oz. [or “1 Lb. 11 Oz.”]." On May 1 and 16, 1942, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

3548. Adulteration of canned turnip greens. U. S. v. 150 Cases and 5 Cases of Canned Turnip Greens (and 2 other seizure actions against turnip greens). Default decrees of condemnation and destruction. (F. D. C. Nos. 7469, 7530, 7603. Sample Nos. 48681-E, 70562-E, 70580-E.)

Examination showed that this product was insect-infested.

On or about May 8 and 20 and June 4, 1942, the United States attorney for the Southern District of Florida filed libels against 150 cases each containing 6 cans

and 5 cases each containing 24 cans of turnip greens at Orlando, 104 cases each containing 24 cans of turnip greens at Tampa, and 101 cases each containing 24 cans of turnip greens at Jacksonville, Fla., alleging that the article had been shipped in interstate commerce within the period from on or about November 24, 1941, to on or about March 31, 1942, 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 substance. The article was labeled in part: "Crine's Quality Turnip Greens Contents 6 Lbs. 2 Ozs. [or "1 Lb. 11 Oz." or "1 Lb. 2 Ozs."]."

On June 5 and 26 and July 9, 1942, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

TOMATOES AND TOMATO PRODUCTS

3549. Adulteration and misbranding of canned tomatoes. U. S. v. 1.000 Cases and 2,200 Cases of Canned Tomatoes. Consent decree of condemnation. Product ordered released under bond for segregation and destruction of unfit portion and relabeling of remainder. (F. D. C. Nos. 6327, 6363, 6364, 6365. Sample Nos. 67501-E, 67502-E, 67503-E, 67119-E. 67120-E.) Examination showed that this product was substandard, that a portion was short weight, and that a portion was in part decomposed.

On December 10, 1941, the United States attorney for the Eastern District of Oklahoma filed libels against 1,000 cases of canned tomatoes at Ada, Okla., 600 cases at Hugo, Okla., and 1,600 cases at McAlester, Okla., alleging that the article had been shipped in interstate commerce within the period from on or about September 1, 1941, to on or about September 19, 1941, by Smith Canning Co. from Prairie Grove and Fayetteville, Ark.; and charging that it was misbranded and that a portion was also adulterated. It was labeled in part: "Cowboy Tomatoes Contents 1 Lb. 3 Oz. Hale-Halsell Company Distributors McAlester, Okla."

A portion of the article (2,200 cases) was alleged to be adulterated in that it consisted in whole or in part of a decomposed substance. The said portion was alleged to be misbranded in that it purported to be a food for which a standard of quality had been prescribed by regulations as provided by law and its quality fell below such standard because the drained weight, as determined by the method prescribed in the standard, was less than 50 percent of the weight of water required to fill the container and its label failed to bear in such manner and form as such regulations specify a statement that it fell below such standard.

The remaining 1,000 cases were alleged to be misbranded (1) in that the statement "Contents 1 Lb. 3 Oz." was false and misleading as applied to an article that was short weight; (2) in that the article was in package form and failed to bear a label containing an accurate statement of the quantity of contents; and (3) in that it purported to be a food for which a standard of fill of container had been prescribed by regulation as provided by law and fell below such standard, since the fill of container was less than 90 percent of the total capacity of the container, and its label failed to bear, in manner and form as specified by law, a statement that it fell below such standard.

On February 7, 1942, the Hale-Halsell Company, claimant, having admitted the allegations of the libels, and the cases having been consolidated, judgment of condemnation was entered and the product was ordered released under bond conditioned that it be destroyed or brought into compliance with the law under the supervision of the Food and Drug Administration. On May 12, 1942, the 1,000 cases that were misbranded only, having been brought into compliance with the law, were ordered delivered to the claimant.

Nos. 3550 to 3569 report actions based on interstate shipment of tomato products that contained decomposed material, as evidenced by the presence of excessive mold.

3550. Adulteration of tomato catsup, tomato puree, and tomato paste. U S. v. Ivan C. Morgan (Morgan Packing Co.). Plea of guilty. Fine, $400. (F. D. C. No. 5537. Sample Nos. 42237-E, 42714-E, 47147-E, 47421–E, 56581–E. 56584-E, 5373-E, 5375-E.)

On April 10, 1942, the United States attorney for the Southern District of Indiana filed an information against Ivan C. Morgan, trading as Morgan Packing Co. at Austin, Ind., alleging shipment within the period from on or about August 6, 1940, to on or about March 5, 1941, from the State of Indiana into the States of New York, Ohio, Illinois, Kentucky, and Tennessee of quantities of tomato catsup, tomato puree, and tomato paste that were adulterated in that they consisted in whole or in part of decomposed substances. The articles were labeled variously:

"American Beauty Brand Tomato Catsup"; "Cream Brand Tomato Catsup Packed For Mahoning Valley Flour Co. Youngstown, Ohio"; "Scott Co. Brand Tomato Puree"; "Kenmore * **** Tomato Catsup Packed For John Sexton & Co. Distributors Chicago-Brooklyn Established 1883"; "Bel Paese Brand Tomato Paste"; and "Columbus Tomato Puree * Packed by Columbus Packing

Co., Columbus, Ind."

On April 20, 1942, the defendant having entered a plea of guilty, the court imposed a fine of $400.

3551. Adulteration of tomato ketchup. U. S. v. 78 Cases of Ketchup. Default decree of condemnation and destruction. (F. D. C. No. 7168. Sample No. 87158-E.)

On April 8, 1942, the United States attorney for the District of Columbia filed a libel against 78 cases, each containing 24 bottles, of tomato ketchup at Washington, D. C., alleging that the article had been shipped in interstate commerce on or about February 23, 1942, by Hirsch Bros. & Co., Inc., from Louisville, Ky.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. The article was labeled in part: (Bottles) "14 Oz. Avd. Paramount Oyster Hot Ketchup."

On May 8, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3552. Adulteration of tomato catsup. U. S. v. 29 Cases, 1,400 Cases, and 1,218 Cases of Tomato Catsup. Default decrees of destruction. (F. D. C. Nos. 6755, 7346, 7425. Sample Nos. 73206-E, 73212-E, 86604-E.)

On January 28, April 15, and May 7, 1942, the United States attorneys for the Northern District of Illinois and the Western District of Missouri filed libels against 29 cases each containing 24 14-ounce bottles of tomato catsup at Chicago, Ill., and 2,618 cases each containing 24 14-ounce bottles of tomato catsup at Kansas City, Mo., alleging that the article had been shipped in interstate commerce on or about August 22, 1941, and March 21 and April 7, 1942, by Summit Packing Co. from La Porte and Wellsboro, Ind.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. The article was labeled in part: (Bottles) "Pagin's Tomato Catsup," or "Lady Clare Brand Tomato Catsup."

*

On April 24 and June 27, 1942, no claimant having appeared, judgments were entered ordering that the product be destroyed.

3553. Adulteration of tomato catsup. U. S. v. 920 Cases of Tomato Catsup (and

8 other seizure actions against tomato catsup). Cases ordered consolidated. Consent decrees_of_condemnation entered and product ordered released under bond. (F. D. C. Nos. 6309 to 6313, incl., 6372, 6387, 6388, 6546. Sample Nos. 62995-E, 71141-E, 71142-E, 79241-E, 79242-E, 79321-E, 79322-E, 79543-E, 79544-E, 79742-E.)

Between November 28 and December 17, 1941, the United States attorneys for the Southern District of Ohio, the Northern District of Ohio, the Eastern District of Michigan, and the Eastern District of Missouri filed libels against 1,069 cases of tomato catsup at Cincinnati, 704 cases at Cleveland, and 1,832 cases at Toledo, Ohio; 1,498 cases at Detroit, Mich., and 582 cases at St. Louis, Mo., alleging that the article had been shipped in interstate commerce within the period from on or about September 7 to on or about November 26, 1941, by G. S. Suppiger Co. from Mount Summit, Ind., and Collinsville, Ill.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. The article was labeled in part variously: "Brooks Tabasco Flavor Catsup"; "Brooks Old Original Catsup"; or "Highland Brand Tomato Catsup Distributed By Associated Grocers St. Louis, Mo."

On March 14, 1942, the G. S. Suppiger Co. having appeared as claimant, an order was entered in the Southern District of Ohio consolidating all cases for final disposition in that district. On July 18, 1942, the claimant having admitted the allegations of the libels, judgment of condemnation was entered and the product was ordered released under bond for segregation and destruction, under the supervision of the Food and Drug Administration, of all portions that failed to comply with the law.

3554. Adulteration of tomato juice. U. S. v. 248 Cases of Tomato Juice. Decree of condemnation and destruction. (F. D. C. No. 7012. Sample No. 89058-E.) On March 12, 1942, the United States attorney for the Eastern District of New York filed a libel against 248 cases of tomato juice at Brooklyn, N. Y., alleging the article had been shipped in interstate commerce on or about January 28 and

February 5, 6 and 9, 1942, by Francis C. Stokes Co., from Vincentown, N. J.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. The article was labeled in part: “Tomato Juice Sweet Life Distributed by Sweet Life Food Corp. Brooklyn, N. Y."

On May 21, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3555. Adulteration of tomato paste. U. S. v. 24 Cases and 48 Cases of Tomato Paste. Default decrees of condemnation and destruction. (F. D. C. Nos. 7387, 7482. Sample Nos. 23886-E, 64870-E.)

On April 24 and May 8, 1942, the United States attorney for the Western District of Pennsylvania filed libels against 72 cases, each containing 100 cans, of tomato paste at Pittsburgh, Pa., alleging that the article had been shipped in interstate commerce on or about February 28 and April 14, 1942, by Harcourt, Greene Co. from Alameda, Calif.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. The article was labeled in part: (Cans) "Contadina Pure With Sweet Basil Tomato Paste Net Wt. 6 Oz. * Packed by Hershel Cal. Fruit Prod. Co. San Jose, Calif.”

串

On June 5 and 11, 1942, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

3556. Adulteration of tomato paste. U. S. v. 185 Cases of Tomato Paste. Portion of product condemned and ordered destroyed. Remainder ordered released. (F. D. C. No. 6937. Sample No. 81548-E.)

On February 27, 1942, the United States attorney for the District of Colorado filed a libel against 185 cases each containing 100 6-ounce cans of tomato paste at Denver, Colo., which had been consigned by Italian Food Products Co., Inc., alleging that the article had been shipped in interstate commerce on or about October 28 and November 18, 1941. from Long Beach, Calif.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. The article was labeled in part: "Campania Brand Tomato

Paste."

On June 1, 1942, the West Coast Packing Corporation, claimant, having admitted that a portion of the article (37 cases) was adulterated and the court having found that the said 37 cases were adulterated but that the allegations of the libel had not been sustained with respect to the remainder, Judgment was entered condemning and ordering destruction of the former portion and ordering release of the latter.

3557. Adulteration of tomato paste. U. S. v. 254 Cases and 149 Cases of Tomato Paste. Decrees of condemnation. Portion of product ordered destroyed; remainder ordered released under bond for segregation and destruction of unfit portion. (F. D. C. Nos. 6756, 6949. Sample Nos. 23574-E, 23759-E.) On or about February 4, 1942, the United States attorney for the Western District of Missouri filed a libel against 254 cases of tomato paste at Kansas City, Mo., alleging that the article had been shipped in interstate commerce on or about January 8, 1942, by the Safeway Stores, Inc., through Howard Terminal, from Oakland, Calif. On February 27, 1942, a libel was filed in the District of Colorado against 149 cases of tomato paste at Pueblo, Colo., which had been consigned by the Safeway Stores, Inc., through the Howard Terminal, from Oakland, Calif., alleging that it had been shipped in interstate commerce on or about February 4, 1942, from Oakland, Calif. The article was labeled in part: "Mattina Brand Tomato Paste * * Packed by Manteca Canning Co. Manteca, Calif."

The article was alleged to be adulterated in that it consisted wholly or in part of a decomposed substance.

On March 23, 1942, no claimant having appeared for the lot seized at Kansas City, Mo., judgment of condemnation was entered and the product was ordered destroyed. On April 18, 1942, the Manteca Canning Co., Manteca, Calif., claimant for the lot seized at Denver, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for segregation and destruction of the unfit portion under the supervision of the Food and Drug Administration.

3558. Adulteration of tomato paste. U. S. v. 74 Cases of Tomato Paste. Consent decree of condemnation. Product ordered released under bond to be reconditioned. (F. D. C. No. 6888. Sample No. 95081-E.)

On February 19, 1942, the United States attorney for the Western District of Washington filed a libel against 74 cases, each containing 100 cans, of tomato

paste at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about February 5, 1942, by Schwabacher Bros. & Co., Inc., from Oakland, Calif.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. The article was labeled in part: (Cans) "Flotta Brand Extra Fancy Pure Tomato Paste Net Weight 64 Oz. Packed By Flotill Products Incorporated Stockton California."

On March 20, 1942, Flotill Products, Inc., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be reconditioned under the supervision of the Food and Drug Administration. The unfit portion was segregated and destroyed.

8559. Adulteration of tomato puree. U. S. v. Crampton Canneries, Inc. Plea of nolo contendere. Judgment of guilty; fine, $100. (F. D. C. No. 6405. Sample Nos. 47482-E, 47483-E, 58209-E.)

On February 28, 1942, the United States attorney for the Northern District of Ohio filed an information against Crampton Canneries, Inc., Celina, Ohio, alleging shipment on or about May 10, 16, and 20, 1941, from the State of Ohio into the States of Illinois and Minnesota of quantities of tomato puree which was adulterated in that it consisted in whole or in part of a decomposed substance. The article was labeled in part: "Ferndell [or "Richelieu"] Brand Puree of Tomatoes Purity Pioneers ** Distributed by Sprague Warner &

*

Company, Chicago, Ill."; or "Crampton Canneries Tomato Puree."

On May 20, 1942, a plea of nolo contendere having been entered, the court found the defendant guilty and imposed a fine of $100 and costs.

3560. Adulteration of tomato puree. U. S. v. Ladoga Canning Co. Plea of guilty. Fine, $300. (F. D. C. No. 5520. Sample Nos. 47249-E, 47250-E, 47414-E.) On April 10, 1942, the United States attorney for the Southern District of Indiana filed an information against Ladoga Canning Co., a corporation, Ladoga, Ind., alleging shipment on or about February 10 and 26 and March 3, 1941, from the State of Indiana into the State of Illinois of quantities of tomato puree which was adulterated in that it consisted in whole or in part of a decomposed substance. Portions of the article were labeled in part: "Barco Brand * Tomato Puree."

On June 19, 1942, the defendant having entered a plea of guilty, the court imposed a fine of $300.

3561. Adulteration of tomato puree. U. S. v. 384 Cases of Tomato Puree. Default decree of condemnation and destruction. (F. D. C. No. 7166. Sample No. 80399-E.)

On April 7, 1942, the United States attorney for the Southern District of Ohio filed a libel against 384 cases, each containing 48 102-ounce cans, of tomato puree at Cincinnati, Ohio, which had been consigned on or about February 4 and 5, 1942, alleging that the article had been shipped in interstate commerce by Fall Creek Canning Co. from Pendleton, Ind.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. The article was labeled in part: (Cans) "Honey Grove Tomato Puree White Villa Grocers, Inc. Distributors Cincinnati, Ohio Dayton, Ohio."

On May 19, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3562. Adulteration of tomato pulp. U. S. v. 1,000 Cases of Tomato Pulp. Consent decree of condemnation. Unfit portion of product ordered destroyed; remainder ordered delivered to a local charitable agency. (F. D. C. No. 7148. Sample No. 73050-E.)

On April 4, 1942, the United States attorney for the District of Nebraska filed a libel against 1,000 cases each containing 6 No. 10 cans of tomato pulp at Nebraska City, Nebr., alleging that the article had been shipped in interstate commerce on or about January 6, 1942, by the Kaysville Canning Corporation from Barnes, Utah; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance.

On June 3, 1942, no claim having been entered for the product and the court having found that a portion identified by certain codes was fit for human consumption, it was ordered that the good portion be segregated under the supervision of the Food and Drug Administration and delivered to a local charitable agency, and that the unfit portion be destroyed.