3664. Adulteration of cookies. U. S. v. 260 Cases of Cookies. Default decree of condemnation and destruction. (F. D. C. No. 6648. Sample No. 85583-E.) Examination of this product showed that some of the cookies contained areas covered with small fibers suggesting lint and nondescript dirt. Investigation at the warehouse where it was stored showed that the cookies were in flimsy cartons, some of which had been broken open. Many of the exposed cookies were more or less covered with dust similar to that which covered the tops of the cartons in the top layer of the stock.

On January 7, 1942, the United States attorney for the Western District of Washington filed a libel against 260 cases of cookies at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about August 27, 1941, from Salamanca, N. Y., by George Weston, Ltd.; 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 held under insanitary conditions whereby it might have become contaminated with filth. The article was labeled in part: "Weston's English Quality Biscuits."

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

3665. Adulteration and misbranding of cheese sandwiches. U. S. v. 18% Dozen Boxes of Cheese Sandwiches. Default decree of condemnation. Product ordered delivered to a charitable organization. (F. D. C. No. 7488. Sample No. 89752-E.)

This product consisted of sandwiches with filling which was essentially 50 percent cheeese, 25 percent cornstarch, and 25 percent of an edible oil other than butterfat. The filling also contained some added coal-tar color which gave it the appearance of containing more cheese than was the case. Furthermore, the net weight was not accurately declared.

On May 12, 1942, the United States attorney for the Southern District of New York filed a libel against 18% dozen boxes of cheese sandwiches at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about April 15 and 23, 1942, by the Devonsheer Melba Corporation from West New York, N. J.; and charging that it was adulterated and misbranded. The article was labeled in part: "Macy's Lily White Melba Toast Cheese Sandwiches Packed Expressly for R. H. Macy & Co. Inc., New York."

The article was alleged to be adulterated (1) in that a valuable constituent, namely, cheese had been in whole or in part omitted; (2) in that a Melba Toast Sandwich containing a filling of cheese, edible oil other than butterfat, cornstarch, and artificial coloring had been substituted wholly or in part for Melba Toast Cheese Sandwiches; (3) in that inferiority had been concealed by the addition of artificial coloring; and (4) in that edible oil other than butterfat, color, and cornstarch had been added thereto or mixed or packed therewith so as to make it appear better or of greater value than it was.

It was alleged to be misbranded (1) in that the statement "Melba Toast Cheese Sandwiches" was false and misleading; (2) in that the statement "Net Weight 4 Oz." was false and misleading as applied to an article which weighed 7 ounces; (3) in that it was in package form and did not bear a label containing an accurate statement of the quantity of contents; (4) in that it was fabricated from two or more ingredients and its label failed to bear the common or usual name of each ingredient; and (5) in that it contained artificial coloring and did not bear labeling stating that fact.

On June 13, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a charitable institution.

CHICKEN NOODLE DINNER

3666. Misbranding of chicken noodle dinner. U. S. v. 96 Cases of Chicken Noodle Dinner. Consent decree of condemnation. Product ordered released under bond to be converted into other food products. (F. D. C. No. 6234. Sample No. 79869-E.)

The name of this product would indicate that it contained more chicken meat than was the case, the ingredients statement would imply that it contained more than one or two small pieces of mushroom, and it was deceptively packaged in that the chicken meat was used to "face" the jar.

On November 18, 1941, the United States attorney for the Southern District of Ohio filed a libel against 96 cases, each containing 12 1-pound jars, of chicken noodle dinner at Cincinnati, Ohio, which had been shipped on or about October 10 and 21, 1941, alleging that the article had been shipped in interstate commerce by Morton Packing Co., Inc., from Louisville, Ky.; and charging that it was

misbranded. It was labeled in part: (Jars) "Morton's Southern Style Chicken Noodle Dinner Ingredients: Egg Noodles, Chicken Broth, Chicken, Mushrooms. Peppers, Spices, and Seasoning. All Meat Visible."

The article was alleged to be misbranded (1) in that the name "Chicken Noodle Dinner" was false and misleading as applied to an article consisting largely of noodles with only 7 percent of chicken meat; (2) in that the word "Mushrooms" in the statement of ingredients was false and misleading because this declaration, as it appeared in the ingredient statement, implied the presence of more than one or two small mushroom pieces per jar; and (3) in that its container was so filled as to be misleading, since the chicken meat was used to face the jar.

On March 5, 1942, Morton Packing Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be converted into other food products under the supervision of the Food and Drug Administration. Subsequently it was converted into soup, repackaged, and relabeled.

FEED

3667. Misbranding of cottonseed cake and meal. U. S. v. Terminal Oil Mill Co. Plea of guilty. Fine, $100. (F. D. C. No. 6399. Sample No. 18495-E.) This product contained less protein than the percentage declared on the label. On March 19, 1942, the United States attorney for the Western District of Oklahoma filed an information against the Terminal Oil Mill Co., a corporation, at Oklahoma City, Okla., alleging that on or about October 16, 1940, the defendant delivered at Oklahoma City for introduction into interstate commerce from the State of Oklahoma into the State of Kansas a quantity of cottonseed screenings that were misbranded.

The information alleged further that the defendant on or about May 7, 1940, had given to the purchaser of the cottonseed screenings a guaranty against mislabeling or misrepresenting of all cottonseed products; that the cottonseed screenings delivered for introduction into interstate commerce as aforesaid had been sold and delivered by the defendant while the guaranty was in full force and effect; that the purchaser had introduced the article into interstate commerce on or about October 16, 1940; and that by reason thereof the defendant had unlawfully given a guaranty that was false since the article when so delivered for introduction and when introduced into interstate commerce was misbranded. It was labeled in part: "Big Chief Prime Cotton Seed Cake or Meal." Misbranding was alleged in that the statement "Protein, not less than 43.00%," borne on the tag, was false and misleading since the article contained less than 43 percent of protein, namely, not more than 38.13 percent,

On April 7, 1942, a plea of guilty having been entered by the defendant, the court imposed a fine of $100.

3668. Misbranding of cottonseed cake and meal. U. S. v. Choctaw Cotton Oil Co. (Shawnee Cotton Oil Mill). Plea of guilty. Fine, $25 and costs. (F. D. Č. No. 6498. Sample No. 25380-E.)

This product contained less protein than the amount declared. On July 23, 1942, the United States attorney for the Northern District of Oklahoma filed an information against the Choctaw Cotton Oil Co., a corporation trading as Shawnee Cotton Oil Mill, Shawnee, Okla., alleging shipment on or about June 17, 1941, from the State of Oklahoma into the State of Kansas of a quantity of cottonseed screenings that were misbranded in that the statement on the tag, "Protein, not less than 43 percent," was false and misleading since they contained not more than 41.25 percent of protein. The article was labeled in part: "Red Seal Brand Cotton Seed Cake and Meal."

On July 29, 1942, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $25 and costs.

3669. Misbranding of cottonseed cake and meal. U. S. v. Southland Cotton Oil Co. Plea of guilty. Fine, $100. (F. D. C. No. 5554. Sample No. 25368-E Analysis showed that this product was deficient in crude protein.

On April 9, 1942, the United States attorney for the Northern District of Texas filed an information against Southland Cotton Oil Co., a corporation, Waxahachie, Tex., alleging shipment on or about February 18, 1941, from the State of Texas into the State of Oklahoma of a quantity of cottonseed screenings which were misbranded. The article was labeled in part: "Southland's Cottonseed Cake and Meal."

It was alleged to be misbranded in that the statement on the tag, "Guaranteed Analysis Crude Protein, not less than 43%," was false and misleading since it represented that it contained not less than 43 percent of crude protein; whereas it contained not more than 40.69 percent of crude protein.

On July 11, 1942, a plea of guilty having been entered by the defendant, the court imposed a fine of $100.

3670. Misbranding of condensed buttermilk. U. S. v. The Merchants Creamery Co., Inc. Plea of guilty. Fine, $200. (F. D. C. No. 7224. Sample No.

18442-E.)

This product was deficient in total solids and protein.

On July 31, 1942, the United States attorney for the Southern District of Ohio filed an information against Merchants Creamery Co., Inc., Cincinnati, Ohio, alleging shipment on or about October 12, 1941, from the State of Ohio into the State of Indiana, of a quantity of condensed buttermilk that was misbranded. The article was labeled in part: “Blue Ribbon Condensed Buttermilk Registered by Merchants Creamery Company, Inc. Crude protein, not less than

10.0%."

It was alleged to be misbranded in that the statements on the tags, "Condensed Buttermilk" and "Crude protein, not less than 10.0%," were false and misleading since they represented and suggested that it consisted of condensed buttermilk, a food which, in accordance with established trade practice, should contain not less than 27 percent of total solids, and that it contained not less than 10 percent of crude protein; whereas it was not condensed buttermilk but was a product containing not more than 20.7 percent of total solids and not more than 8.91 percent of crude protein.

On August 7, 1942, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $200.

3671. Misbranding of dairy feed.

U. S. v. 64 Bags of Feed. Product ordered released under bond for relabeling. (F. D. C. No. 6918. Sample Nos. 17421-E, 17422-E.)

On or about March 9, 1942, the United States attorney for the Western District of Virginia filed a libel against 64 bags of feed at Vansant, Va., alleging that the article had been shipped in interstate commerce on or about January 30, 1942, by Gwinn Bros. & Co. from Huntington, W. Va.; and charging that it was misbranded. The article was labeled in part: “Merit 16% Dairy” or “Grade A Dairy Feed."

It was alleged to be misbranded in that the statements, (19 bags) "Protein 16%❞ and (45 bags) "Protein 24%," borne on the tags, were false and misleading as applied to articles which contained 13.5 percent and 20.31 percent, respectively, of protein.

On May 12, 1942, Gwinn Bros. & Co., claimant, having admitted the allegations of the libel, judgment was entered ordering that the product be released to the claimant under bond conditioned that it be relabeled under the supervision of the Food and Drug Administration.

VITAMIN PREPARATIONS

3672. Adulteration and misbranding of Farm Master Vitamin D Mix.

U. S. v.

175 Packages of Farm Master Vitamin D Mix. Default decree of condemnation and destruction. (F. D. C. No. 6892. Sample No. 76499–E.) This product contained not more than 50 A. O. A. C. chick units of vitamin D per gram.

On February 19, 1942, the United States attorney for the District of Minnesota filed a libel against 175 5-pound packages of the above-named product at Minneapolis, Minn., alleging that it had been shipped in interstate commerce op or about August 28, September 16, and October 7, 1941, by the Borden Co., from Elgin, Ill.; and charging that it was adulterated and misbranded.

The article was alleged to be adulterated in that a valuable constituent, namely, vitamin D, had been wholly or in part omitted or abstracted therefrom. It was alleged to be misbranded in that the following statements in the labeling were false: "Contains 85 AOAC chick units of vitamin D per gram *** This is to certify that this vitamin D mix contains 85 AOAC chick units of vitamin D per gram."

On July 31, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3673. Misbranding of Marden's Vitamin A & D Feeding Oil. U. S. v. 59 Drums of Marden's Vitamin A & D Feeding Oil. Consent decree of condemnation. Product ordered released under bond to be relabeled. (F. D. C. No. 7167. Sample No. 86613-E.)

This product was represented to contain 400 A. O. A. C. chick units of vitamin D per gram, whereas it contained not more than 320 A. O. A. C. chick units of vitamin D per gram.

On April 13, 1942, the United States attorney for the Northern District of Illinois filed a libel, which was amended May 14, 1942, against the above-named product at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about December 29, 1941, by the Marden-Wild Corporation from Somerville, Mass.; and charging that it was misbranded.

The article was alleged to be misbranded (1) in that it was offered for sale under the name of another food, namely, (stenciled on drum) "Marden's Vitamin A & D Feeding Oil guaranteed to contain not less than 400 A. O. A. C. units of Vitamin D per gram and not less than 2000 U. S. P. units of Vitamin A per gram"; and (2) in that the statement on the drum, "Contains not less than 400 A. O. A. C. units of Vitamin D per gram,” was false and misleading since it contained not more than 320 A. O. A. C. chick units of vitamin D per gram. On May 1, 1942, Marden-Wild Corporation, claimant, having admitted the allegations of the libel, judgment of condemnation was entered and it was ordered that the product be released under bond conditioned that it be relabeled under the supervision of the Food and Drug Administration.

3674. Adulteration and misbranding of Vitand. U. S. v. 8 Drums of Vitand Vitamin Oil for Poultry and Animal Feeds. Consent decree of condemnation. Product ordered released under bond to be relabeled. (F. D. C. No. 7160. Sample No. 76633-E.)

This product was represented to contain 400 A. O. A. C. chick units of vitamin D per gram but contained not more than 300 A. O. A. C. chick units of vitamin D per gram.

On April 8, 1942, the United States attorney for the District of Minnesota filed a libel against 8 drums of the above-named product at Minneapolis, Minn., alleging that it had been shipped on or about September 29, 1941, by Napthole, Inc., from Boonton, N. J.; and charging that it was adulterated and misbranded. The article was alleged to be adulterated in that a valuable constituent, namely, vitamin D, had been wholly or in part omitted or abstracted therefrom.

It was alleged to be misbranded in that the statement "Vitamin D 400 A. O. A. C. units per gram," borne on the drums, was false as applied to a product that contained not more than 300 A. O. A. C. units of vitamin D per gram.

On May 19, 1942, E. F. Drew & Co., Inc. (Napthole Division), claimant, having consented to the entry of a decree, judgment of condemnation was entered and it was ordered that the product be released under bond conditioned that it be relabeled under the supervision of the Food and Drug Administration.

DAIRY PRODUCTS

BUTTER

3675. Adulteration and misbranding of butter. (Armleder Dairy Co.). Plea of guilty. Sample No. 79126-E.)

U. S. v. John H. Armleder Fine, $20. (F. D. C. No. 6427.

This product was short weight as well as low in milk fat. On July 22, 1942, the United States attorney for the Southern District of Ohio filed an information against John H. Armleder, trading as Armleder Dairy Co. at Batavia, Ohio, alleging shipment on or about October 13, 1941, from the State of Ohio into the State of Kentucky of a quantity of butter that was adulterated and misbranded. The article was labeled in part: (Package) "One Pound Net Armleder's Butter."

It was alleged to be adulterated in that a valuable constituent, milk fat, had been in whole or in part omitted therefrom; and in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

It was alleged to be misbranded in that the statement on the package, "One Pound Net," was false and misleading since the packages contained a smaller amount; and in that it was in package form and did not bear a label containing an accurate statement of the quantity of the contents.

On August 3, 1942, the defendant having entered a plea of guilty, the court imposed a fine of $20.

3676. Adulteration of butter.

U. S. v. Blackfoot Creamery Co., Inc. Plea of guilty. Fine. $30. (F. D. C. No. 7259. Sample No. 65179–Ě.)

On July 1, 1942, the United States attorney for the District of Idaho filed an information against Blackfoot Creamery Co., Inc., Blackfoot, Idaho, alleging shipment on or about July 15 and 30, 1941, from the State of Idaho into the State of Wyoming, of quantities of butter that was adulterated in that a valuable constituent, milk fat, had been in whole or in part omitted therefrom; and in that a product containing less than 80 percent by weight of milk fat had been substituted for butter. The article was labeled in part "Velvet Butter."

On July 7, 1942, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $30.

3677. Adulteration of butter.

U. S. v. John Walker Greer (Blue Bonnet Creamery). Plea of guilty. Fine, $25. (F. D. C. No. 7206. Sample No. 53290–E.) On June 4, 1942, the United States attorney for the Northern District of Texas filed an information against John Walker Greer, trading as Blue Bonnet Creamery at Perryton, Tex., alleging shipment on or about August 29, 1941, from the State of Texas into the State of California of a quantity of butter that was adulterated in that a valuable constituent, milk fat, had been in part omitted therefrom, and in that an article containing less than 80 percent by weight of milk fat had been substituted for butter.

Or June 10, 1942, the defendant entered a plea of guilty and the court imposed a fine of $25.

3678. Adulteration of butter. U. S. v. Hans H. Jensen (Brewster Creamery). Plea of guilty. Fines, $40. (F D. C. No. 6477. Sample Nos. 46960-E, 56977-E, 74808-E.)

On June 9, 1942, the United States attorney for the District of Minnesota filed an information against Hans H. Jensen, trading as Brewster Creamery at Brewster, Minn., alleging shipment on or about June 3, September 27, and October 1. 1941, from the State of Minnesota into the State of New York of quantities of butter that was adulterated in that a valuable constituent, milk fat, had been in part omitted therefrom; and in that an article containing less than 80 percent by weight of milk fat had been substituted for butter. The article was labeled in part: "Butter Lewis Ebert & Sons, Inc. Distributors, New York, N. Y."

On June 9, 1942, the defendant entered a plea of guilty and the court imposed fines totaling $40.

3679. Adulteration of butter. U. S. v. Farmers Cooperative Creamery Association. Plea of guilty. Fine, $50. (F. D. C. No. 7214. Sample No. 56979-E.) On June 1, 1942, the United States attorney for the District of Minnesota filed an information against Farmers Cooperative Creamery Association, a corporation at Lake Benton, Minn., alleging shipment on or about September 29, 1941, from the State of Minnesota into the State of New York of a quantity of butter that was adulterated in that a valuable constituent, milk fat, had been in part omitted therefrom; and in that an article containing less than 80 percent by weight of milk fat had been substituted for butter. The article was labeled in part: "Minnesota Brand Fancy Creamery 92 Points or Better." Distributed by Gude & Cole, Inc. 610 Newark, N. J."

*

On June 1, 1942, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $50.

3680. Adulteration of butter. U. S. v. Jess Burr Gartin (Gartin Creamery). Plea of guilty. Fine, $50. (F. D. C. No. 5541. Sample No. 47173-E.) On February 24, 1942, the United States attorney for the District of Nebraska filed an information against Jess Burr Gartin, trading as Gartin Creamery, Franklin, Nebr.. alleging shipment on or about March 31, 1941, from the State of Nebraska into the State of Illinois of a quantity of butter which was adulterated in that a valuable constituent, namely, milk fat, had been in part omitted therefrom and in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter. The article was labeled in part: "Creamery Butter Peter Fox Sons Co. Distributors Chicago, Ill."

On June 23, 1942, the defendant having entered a plea of guilty, the court imposed a fine of $50 and costs.

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