Page images
PDF
EPUB

3563. Adulteration of tomato puree. U. S. v. 88 Cases of Tomato Puree. Default decree of destruction. (F. D. C. No. 7122. Sample No. 79651-E.)

On March 30, 1942, the United States attorney for the Western District of Kentucky filed a libel against 88 cases, each containing 48 10%-ounce cans, of tomato puree at Louisville, Ky., alleging that the article had been shipped in interstate commerce on or about January 16, 1942, by Kenneth N. Rider Co., Inc., from Trafalgar, 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) "Red Gold Brand Indiana Tomato Puree"

On June 18, 1942, no claimant having appeared, judgment was entered ordering that the product be destroyed.

Default

3564. Adulteration of tomato puree. U. S. v. 150 Cases of Tomato Puree. decree of condemnation and destruction. (F. D. C. No. 7117. Sample No. 85277-E.)

This product contained insect fragments as well as excessive mold.

On March 31, 1942, the United States attorney for the Eastern District of Washington filed a libel against 150 cases, each containing 6 No. 10 cans, of tomato puree at Spokane, Wash., alleging that the article had been shipped in interstate commerce on or about November 19, 1941, by the Royal Canning Co. from Ogden, Utah; and charging that it was adulterated in that it consisted in whole or in part of a filthy and decomposed substance. The article was labeled in part: (Cans) "Falls Brand * Whole Tomato Puree

*

Packed for Roundup Grocery Co. Spokane, Washington." On May 28, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3565. Adulteration of tomato puree. U. S. v. 100 Cases of Tomato Puree.

Con

sent decree of condemnation. Product ordered denatured and sold for animal food or destroyed. (F. D. C. No. 6882. Sample No. 65997-E.) On February 17, 1942, the United States attorney for the District of Colorado filed a libel against 100 cases each containing 6 No. 10 cans of tomato puree, at Denver, Colo., which had been consigned by the Royal Canning Corporation, alleging that the article had been shipped in interstate commerce on or about September 27, 1941, from Perry, Utah; 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) "Gateway Brand Tomato Puree

**

Perry Canning Co. Perry, Utah Packers and Distributors."

On February 26, 1942, Perry Canning Co. having signed an acceptance of service and authorization for taking of final decree, judgment of condemnation was entered and the product was ordered sold as animal food on condition that it be denatured by the purchaser, otherwise that it be destroyed.

3566. Adulteration of tomato puree. U. S. v. 395 Cases of Tomato Puree. Default decree of destruction. (F. D C. No. 7107. Sample No. 79650–E.) On March 27, 1942, the United States attorney for the Western District of Kentucky filed a libel against 395 cases, each containing 24 No. 2 cans, of tomato puree at Louisville, Ky., alleging that the article had been shipped in interstate commerce on or about March 10, 1942, by St. Marys Packing Co. from Delphos, Ohio; 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) “Puree of Dinner Club Indiana Hand Packed Tomatoes Packed Fresh From The Field By Noblesville Canning Company, Inc. Noblesville, Ind."

On June 18, 1942, no claimant having appeared, judgment was entered ordering that the product be destroyed.

3567. Adulteration of tomato puree. U. S. v. 72 Cases of Tomato Puree. Default decree of condemnation and destruction. (F. D. C. No. 6738. Sample No. 59091-E.)

On January 19, 1942, the United States attorney for the District of Columbia filed a libel against 72 cases of tomato puree at Washington, D. C., alleging that the article had been shipped in interstate commerce on or about December 15, 1941, by A. W. Sisk & Son from Salem, N. J.; and charging that it was adulterated in that it consisted wholly or in part of a decomposed substance. It was labeled in part: "O. K. Brand Tomato Puree Packed By Fogg & Hires Co. Salem, N. J."

*

*

On February 12, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3568. Adulteration of tomato puree. U. S. v. 1,496 Cans of Tomato Puree.

Con

sent decree _of_condemnation and destruction with provision for release under bond for segregation of fit from unfit. Product ultimately destroyed. (F. D. C. No. 5804. Sample No. 48902-E.) Examination of this product showed that it contained viable micro-organisms and that a substantial percentage of the cans were swelled, which is an indication of spoilage.

On or about September 25, 1941, the United States attorney for the Southern District of Georgia filled a libel against 1,496 unlabeled 5-gallon cans of tomato puree at Augusta, Ga., alleging that the article had been shipped in interstate commerce on or about August 26, 1941, by Albert W. Sisk & Son from Quinton, N. J.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance.

On October 25, 1941, the Salem County Canners, Inc., claimant, having admitted that a portion of the article was adulterated as alleged, judgment of condemnation was entered and it was ordered that the product be destroyed, the decree providing, however, that the claimant might take the product down under bond conditioned that the fit and unfit be separated and the unfit destroyed. On April 22, 1942, on representation by the United States attorney that no action had been taken by the claimant, the court ordered that the claimant appear on May 2, 1942, and show cause why its claim should not be dismissed for lack of prosecution. On May 2, 1942, the claimant having presented no reason why its claim should not be dismissed, judgment of destruction was entered.

3569. Adulteration of spaghetti sauce. U. S. v. 131⁄2 Cases and 12 Cases of Spaghetti Sauce. Default decrees of condemnation and destruction. (F. D. C. Nos. 7128, 7353. Sample Nos. 64937-E, 64947-E.)

On March 31 and April 15, 1942, the United States attorney for the Western District of Pennsylvania filed libels against 25% cases, each full case containing 24 cans, of spaghetti sauce at Erie, Pa., alleging that the article had been shipped in interstate commerce on or about March 5, 1942, by Ragu Packing Co. from Rochester, N. Y.; 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) "Ragu' Brand Contents 101⁄2 Ozs. Italian Style Spaghetti-Sauce."

*

*

On May 13 and 19, 1942, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

3570. Adulteration of canned tomato soup. U. S. v. 119 Cases of Tomato Soup. Default decree of condemnation and destruction. (F. D. C. No. 7097. Sample No. 85459-E.)

This product contained worm and insect fragments.

On March 31, 1942, the United States attorney for the District of Oregon filed a libel against 119 cases, each containing 24 cans, of tomato soup at Portland, Oreg., alleging that the article had been shipped in interstate commerce on or about February 3, 1942, by the Surety Sales Co. from Los Angeles, Calif.; 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) "Calbart Brand Tomato Soups 1 Lb. 12 Oz. Packed By California Federation Bell Co-operative Cannery, Bell, California." On June 9, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

of Cooperatives

*

*

*

*

OTHER FRUIT AND VEGETABLE PRODUCTS

Default

3571. Adulteration of apple butter. U. S. v. 77 Cases of Apple Butter. decree of condemnation and destruction. (F. D. C. No. 6125. Sample No. 67673-E.)

This product contained rodent hairs and insect fragments. On or about November 21, 1941, the United States attorney for the Eastern District of Illinois filed a libel against 77 cases of apple butter at Murphysboro, Ill., alleging that the article had been transported in interstate commerce on or about May 7 and September 10, 1941, by the Daniel Grocer Co. from the Salomo Food Products Co. of St. Louis, Mo., to the place of business of the Daniel Grocer Co., Murphysboro, Ill.; and charging that it was adulterated in that it contained rodent hairs and insect fragments; and in that it had been prepared under insanitary conditions whereby it might have become contaminated. The article was labeled in part: (Jars) "Trust Me Brand Pure Apple Butter."

On January 3, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3572. Adulteration and misbranding of preserves. U. S. v. 118 Cases of Preserves. Consent decree of condemnation. Product ordered delivered to a charitable institution. (F. D. C. No. 5601. Sample Nos. 53234-E to 53238-E, incl.) Analysis showed that most of these preserves were deficient in fruit and soluble solids, the remainder deficient in fruit alone.

On September 3, 1941, the United States attorney for the District of Arizona filed a libel against 118 cases of preserves at Phoenix, Ariz., alleging that the articles had been shipped in interstate commerce within the period from on or about March 19, 1941, to June 20, 1941, by Kopper Kettle Preserving Co. and General Grocery Co. from Los Angeles, Calif.; and charging that they were adulterated and misbranded. They were labeled in part: "Kopper Kettle Brand Pure Strawberry [or other fruit] Preserves."

The articles were alleged to be adulterated in that imitation strawberry, blackberry, cherry, and red raspberry preserves, deficient in fruit and soluble solids, and imitation apricot and peach preserves deficient in fruit, had been substituted wholly or in part for strawberry, blackberry, cherry, red raspberry, apricot, and peach preserves.

The articles were alleged to be misbranded (1) in that the names "Pure Strawberry Preserves," "Pure Apricot Preserves," "Pure Blackberry Preserves," "Pure Cherry Preserves," "Pure Peach Preserves," and "Pure Red Raspberry Preserves," were false and misleading; (2) in that they were imitations of other foods and their labels failed to bear, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated; and (3) in that they purported to be foods for which definitions and standards of identity had been prescribed by regulations as provided by law and they failed to conform to such definition and standard. On January 27, 1942, certain preserves which had been seized but were not covered by the libel were ordered delivered to the claimant, the Kopper Kettle Preserving Co., and on May 22, 1942, judgment was entered condemning the remainder and ordering the preserves delivered to a charitable institution. 3573. Adulteration of pepper sauce. U. S. v. 25 Cases and 4 Cases of Pepper Sauce. Default decree of condemnation and destruction, (F. D. C. No. 7356. Sample No. 35130–E.)

This product contained insect fragments and nondescript dirt. On April 18, 1942, the United States attorney for the Southern District of Mississippi filed a libel against 25 cases each containing 36 3-ounce bottles and 4 cases each containing 24 6-ounce bottles of pepper sauce at Gulfport, Miss., alleging that the article had been shipped in interstate commerce on or about January 13, 1942, by Fortier & Brown from New Orleans, La.; 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. The article was labeled in part: (Bottles) "Bruce's Louisiana Hot Pepper Sauce Bruce's Food Products Co., New Iberia, La."

On June 2, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3574. Adulteration and misbranding of pickles and adulteration of pickle relish. U. S. v. 25 Cases of Pickles and 35 Cases of Pickle Relish. Default decrees of condemnation and destruction. (F. D. C. Nos. 7024, 7025. Sample Nos. 86533-E, 86539-E.)

Examination showed that these products contained insect fragments and hairs resembling rodent hairs; the pickle relish contained sand, and the pickles were dirty and discolored from soil or sand rubbed into the skin. The pickles contained little, if any, wine: and the statement of the quantity of contents did not express the number of the largest unit contained in the package, namely, 1 quart.

On March 13, 1942, the United States attorney for the Eastern District of Wisconsin filed libels against 25 cases each containing 12 32-ounce jars of pickles and 35 cases each containing 12 8-fluid-ounce tumblers of pickle relish at Milwaukee, Wis., alleging that the articles had been shipped in interstate commerce on or about February 13 and 17, 1942, by Manhattan Pickle Co. from Chicago, Ill.; and charging that they were adulterated and that the pickles were also

misbranded.

The articles were labeled in part: (Pickles, jars) "Wine Cured Pickles * * [design of bunch of grapes and a pickle]"; (pickle relish, tumblers) "Century Brand Garden Relish * Distributed by Century Food Sales Milwaukee, Wis." The articles were alleged to be adulterated in that they consisted in whole or in part of filthy substances. The pickle relish was alleged to be adulterated further in that it had been prepared under insanitary conditions whereby it might have become contaminated with filth.

The pickles were alleged to be misbranded in that the statement "Wine Cured" and the design of a bunch of grapes were false and misleading as applied to an article containing little, if any, wine; and in that it was in package form and did not bear a statement of the quantity of contents expressed in terms of the largest unit in the package.

On April 28, 1942, no claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed.

3575. Adulteration of sweet relish. U. S. v. 20 Cases of Sweet Relish. Default decree of condemnation and destruction. (F. D. C. No. 6989. Sample No. 70319-E.)

Examination showed that this product contained insect fragments.

On March 6, 1942, the United States attorney for the Southern District of Florida filed a libel against 20 cases, each containing 24 8-fluid-ounce jars of sweet relish at Tampa, Fla., alleging that the article had been shipped in interstate commerce on or about December 30, 1941, and January 28, 1942, by Roddenbery Bros. from Cairo, Ga.; 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. The article was labeled in part: (Jars) "Dewkist Brand Sweet Relish." On March 28, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3576. Adulteration of pepper hulls in brine. U. S. v. 40 Barrels of Pepper Hulls in Brine. Consent decree of condemnation. Product ordered released under bond to be reconditioned and repacked. (F. D. C. No. 6304. Sample No. 84514-E.)

Examination showed that this product contained flies, rodent hairs, and insect fragments.

On November 27, 1941, the United States attorney for the Eastern District of New York filed a libel (amended December 15, 1941) against 40 barrels of pepper hulls in brine at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about October 21, 1941, by Covell & Ford from Marydel, Del.; 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 12, 1942, H. M. Field, Inc., Brooklyn, N. Y., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be reconditioned by soaking, washing, and draining, and repacked under the supervision of the Food and Drug Administration.

DRIED FRUITS AND VEGETABLES

3577. Adulteration of evaporated apples. U. S. v. 360 Boxes of Evaporated Apples. Consent decree of condemnation. Product ordered released under bond to be reconditioned. (F. D. C. No. 7055. Sample Nos. 85630-E, 85644-E.)

This product contained filth resulting from insect infestation.

On March 18, 1942, the United States attorney for the Western District of Washington filled a libel against 360 25-pound boxes of evaporated apples at Tacoma, Wash., alleging that the article had been shipped in interstate commerce on or about January 3, 1942, by Rosenberg Bros. & Co. from San Francisco, Calif.; 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: "Stadium Brand California Evaporated Quartered Apples."

On April 21, 1942, Rosenberg Bros. & Co., claimant, having consented to the entry of a decree, 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. After reconditioning, the good portion was segregated from the bad and the latter was destroyed.

3578. Adulteration of evaporated apples. U. S. v. 50 Cartons of Evaporated Apples. Default decree of condemnation and destruction. (F. D. C. No. 6898. Sample No. 90370-E.)

Examination showed that this product was insect-infested, dirty, and decomposed.

On February 25, 1942, the United States attorney for the District of Rhode Island filed a libel against 50 cartons of evaporated apples at Providence, R. L., alleging that the article had been shipped in interstate commerce on or about January 30, 1942, by M. O. Engleson & Co. from Williamson, N. Y.; and charging that it was adulterated in that it consisted in whole or in part of a filthy and decomposed substance. It was labeled in part: "50 Lbs. Net Standard Engleson Evaporated Apples Sulphur Dioxide Added."

On May 15, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3579. Adulteration of dried apricots and dried peaches. U. S. v. Elena Pucelnelli, Alber Puccinelli, and Romolo Puccinelli (Puccinelli Packing Co.). Pleas of guilty. Defendant Romolo Puccinelli fined $300; each of the other defendants fined $20. (F. D. C. No. 6457. Sample Nos. 22928-E, 22639-E.)

Samples of this product were found to be insect-infested and to contain rodent filth and hair.

On May 2, 1942, the United States attorney for the Northern District of California filed an information against Elena Puccinelli, Alber Puccinelli, and Romolo Puccinelli, copartners trading as Puccinelli Packing Co., Turlock, Calif., alleging shipment on or about June 7 and August 7, 1941, from the State of California into the States of Louisiana and Pennsylvania, of quantities of dried apricots and dried peaches which were adulterated in that they consisted in whole or in part of a filthy substance. They were labeled in part: "Dubon Brand Fancy Recleaned Peaches"; or "Alma Brand Northern Tilton Slabs Apricots."

On May 19, 1942, the defendants having entered pleas of guilty, Romolo Puccinelli was fined $300 and the other two defendants were fined $20 each.

3580. Adulteration of dried peaches. U. S. v. 1,920 Cases of Dried Peaches.

Con

sent decree of condemnation. Product ordered released under bond. (F. D. C. No. 7143. Sample Nos. 61253-E, 85199--E.)

Examination showed that this product was insect-infested and decomposed. On April 2, 1942, the United States attorney for the Northern District of California filed a libel against 1,920 25-pound cases of dried peaches at San Francisco, Calif., alleging that the article had been shipped in interstate commerce on or about March 28, 1942, by Rosenberg Bros. & Co. from Seattle, Wash.; and charging that it was adulterated in that it consisted in whole or in part of a filthy and decomposed substance. The article was labeled in part: "Magnolia Brand California Dried * Recleaned Muir Peaches."

On April 8, 1942, Rosenberg Bros. & Co. having appeared as claimant, judgment of condemnation was entered and the product was ordered released under bond conditioned that it be made to conform to the law under the supervision of the Food and Drug Administration.

De

3581. Adulteration of evaporated peaches. U. S. v. 120 Boxes of Peaches. fault decree of condemnation and destruction. (F. D. C. No. 6776. Sample No. 71673-E.)

This product was dirty and insect-infested.

On January 29, 1942, the United States attorney for the Eastern District of Arkansas filed a libel against 120 25-pound boxes of peaches at Wilson, Ark., alleging that the article had been shipped in interstate commerce on or about November 14, 1941, by Wilson Wholesale Grocery Co. from Memphis, Tenn.; and charging that it was adulterated in that it consisted in whole or in part of a filthy, putrid, and decomposed substance and was otherwise unfit for food. The article was labeled in part: "Sail-Maker Brand Recleaned California Peaches Packed By Vagim Packing Co. Fresno Cal."

On May 27, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3582. Adulteration of dried pears. U. S. v. Guggenhime & Co. Plea of guilty. Fine, $100. (F. D. C. No. 6467. Sample No. 22193-E.)

This product contained filth resulting from insect infestation.

On April 29, 1942, the United States attorney for the Northern District of California filed an information against Guggenhime & Co., a corporation trading

« PreviousContinue »