interstate commerce on or about October 23 and November 24, 1941, by Radcliffe's Soya Products 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: (37 boxes) "Radcliffe's Soya Milk Candy Hollywood Candy Bar"; (bar wrappers of remainder) "Radcliffe's Products *** Papaya Fruit Bar [or “Avocado Candy Bar"]"; or "Radcliffe's Soya-Bar Cocoanut Fruit." On March 30, 1942, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

3213. Adulteration of candy. U. S. v. 12 Cases and 1 Case of Candy. Default decree of condemnation and destruction. (F. D. C. No. 6294. Sample No. 61599-E.)

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

On November 27, 1941, the United States attorney for the Western District of Washington filed a libel against 12 cases each containing S boxes and 1 case containing 6 boxes of candy at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about October 22, 1941, by Warren Watkins 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: (Boxes) "5 Lbs. Chocolate Ruff [or "Vanilla Ruff," "Nougat Chews,” "Maplewalnut," "Caramels," "Mint Creams," "Vanilla Cream," or "Pineapple Creams"]."

On March 30, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

MISCELLANEOUS

8214. Adulteration of granulated sugar. U. S. v. 100 Sacks of Granulated Sugar. Consent decree of condemnation. Product released under bond for conversion into alcohol. (F. D. C. No. 6353. Sample No. 83163-E.) Examination showed this product to be contaminated by insect fragments, rodent hairs, and rodent fragments.

On or about December 4, 1941, the United States attorney for the Southern District of Mississippi filed a libel against 100 sacks of granulated sugar at Natchez, Miss., alleging that the article had been shipped in interstate commerce on or about October 27, 1941, by Cora-Texas Manufacturing Co., Inc., from White Castle, La.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance. The article was labeled in part: "Caneland Standard Fine Granulated Pure Cane Sugar."

On January 19, 1942, Cora-Texas Manufacturing Co., Inc., claimant, having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for use in the manufacture of alcohol.

3215. Adulteration of sugar. U. S. v. 242 Bags, 99 Bags, 14 Bags, 12 Bags, and 13 Bags of Sugar. Consent decree of condemnation. Product ordered released under bond to be reprocessed and refined. (F. D. C. Nos. 6617 to 6620, incl. Sample Nos. 67950-E to 67953-E, incl.)

This product had been stored under insanitary conditions after shipment. On January 2, 1942, the United States attorney for the Eastern District of Arkansas filed a libel against the following quantities of sugar at Paragould, Ark.: 242 100-pound bags and 99 10-pound bags shipped on or about September 3, 1941, by the South Coast Corporation from Matthews, La.; 14 100-pound bags shipped on or about May 28, 1941, by Sterling Sugar Sales Corporation from Sterling. La.; 12 100-pound bags shipped on or about September 8, 1941, by Western Sugar Refinery from New Orleans, La.; and 13 100-pound bags shipped on or about October 25, 1941, by Great Western Sugar Co. from Loveland, Colo., alleging that the article had been shipped in interstate commerce as above; 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: "White Gold [or "Sterling Quality or "Sea Island"] Pure Cane Sugar"; or "Great WestPure Sugar."

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On February 9, 1942, Puryear-Meyer Grocer Co., Paragould, Ark., 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 reprocessed and refined under the supervision of the Food and Drug Administration.

3216. Misbranding of cane and corn sirup. U. S. v. 12 Cases of Sirup. Default decree of condemnation. Product ordered delivered to charitable organization. (F. D. C. No. 6346. Sample No. 35830-E.)

This product was represented to contain only 10 percent of corn sirup but actually contained 75 percent. Furthermore, the label on the cans failed to bear an accurate statement of the quantity of the contents since the cans contained an amount more than double the quantity declared.

On December 4, 1941, the United States attorney for the Eastern District of Texas filed a libel against 12 cases of cane and corn sirup at Texarkana, Tex., alleging that the article had been shipped in interstate commerce on or about July 23, 1941, by Ivy Norris, Pure Sugar Cane Products, from West Monroe, La.; and charging that it was misbranded. It was labeled in part: (Cases) "Pure Ribbon Cane Syrup Wm. Norris, West Monroe, La. * ** Net Wt. 2 lbs. 2 ozs. 11⁄2 Pts. or over"; (cans) "Pure Ribbon Cane Syrup Contains 10% Corn Syrup Added Net Weight 1 lb. Liquid Contents, 10 ozs. or over." The article was alleged to be misbranded in that the labeling was false since the cans contained approximately 75 percent of corn sirup instead of 10 percent and the average net weight of each can was 2 pounds 2.48 ounces and the average net volume was 1 pint 9 fluid ounces.

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On January 19, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a local charitable organization.

3217. Adulteration of fondant icing. U. S. v. 5 Drums of Fondant Icing. Default decree of condemnation and destruction. (F. D. C. No. 5912. Sample No. 74495-E.)

This product was found to contain rodent hairs and insect fragments. On or about October 4, 1941, the United States attorney for the District of New Jersey filed a libel against 5 drums of fondant icing at Newark, N. J., alleging that the article had been shipped in interstate commerce on or about September 4, 1941, by Wood & Selick, Inc., from New York, N. Y.; 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. It was labeled in part: "Favorite Fondant Icing."

On November 11, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

CACAO PRODUCTS

3218. Adulteration of chocolate icing.

U. S. v. 19 Cans of H & H Kakolate. Default decree of condemnation and destruction. (F. D. C. No. 6243. Sample No. 54504-E.)

This product contained rodent hairs.

On November 17, 1941, the United States attorney for the Eastern District of Pennsylvania filed a libel against 19 cans of H & H Kakolate at Drexel Hill, Pa., alleging that the article had been shipped in interstate commerce on or about October 20, 1941, by Henry & Henry, Inc., from Buffalo, N. Y.; 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 January 5, 1942, no claimant having appeared, decree of condemnation was entered and the product was ordered destroyed.

3219. Adulteration of baking chocolate.

U. S. v. 46 Cartons and 83 Cartons of Chocolate. Default decree of condemnation and destruction. (F. D. C. No. 6916. Sample No. 23388-E.)

Examination showed that this product was heat-damaged, and that it contained webbing, dead moths, and larvae.

On February 23, 1942, the United States attorney for the Northern District of California filed a libel against 46 cartons each containing 24 half-pound bars, and 83 plain fiber cartons each containing 110 half-pound bars of chocolate at San Francisco, Calif., alleging that the article had been shipped in interstate commerce on or about August 11, 1939, by E. & A. Opler, Inc., from Brooklyn, N. Y.; 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 in the 46 cartons was labeled in part: "Our Mother's Pure Baking Chocolate."

On March 14, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3220. Misbranding of cocoa. U. S. v. 11 Cases of Cocoa. Default decree of condemnation and destruction. (F. D. C. No. 6822. Sample Nos. 51338-E. 90571-E.)

Examination showed that this product was short weight and deficient in cocoa fat.

On February 7, 1942, the United States attorney for the District of Massasetts filed a libel against 11 cases of cocoa at Boston, Mass., alleging that the article had been shipped in interstate commerce on or about October 30, 1940, by Francis H. Leggett & Co. from New York, N. Y.; and charging that it was misbranded. It was labeled in part: "Plantation Brand Cocoa Plantation Extract Corporation New York City, N. Y., 5 Lbs. Net Wt."

The article was alleged to be misbranded in that the statement "5 Lbs. Net Wt." was false and misleading as applied to an article that was short weight; in that it was offered for sale under the name of another food since it was invoiced as breakfast cocoa, a product containing 22 percent of cocoa fat, and it contained only 15.72 percent of cocoa fat; and in that it was in package form and failed to bear a label containing an accurate statement of the quantity of the contents.

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

VITAMIN PREPARATIONS

8221. Adulteration and misbranding of A. B. D. G. Capsules. U. S. v. 15,000 A. B. D. G. Capsules. Default decree of condemnation and destruction. (F. D. C. No. 6068. Sample No. 53409–E.)

These capsules, which were shipped in bulk package, were labeled “A. B. D. G. Capsules Improved," but subsequently a portion were repackaged and labeled "Hain Abgede Improved Vitamins." Each capsule was represented to contain 200 U. S. P. units of vitamin B1, but examination showed that each one contained not more than 133 International Units (U. S. P. units) of vitamin B1.

On October 24, 1941, the United States attorney for the Southern District of California filed a libel against 15,000 A. B. D. G. Capsules at Los Angeles, Calif., alleging that the article had been shipped on or about July 11, 1941, by the International Vitamin Corporation from Brooklyn, N. Y.; and charging that it was adulterated and misbranded.

The article was alleged to be adulterated in that a valuable constitutent, namely, vitamin B1, had been in whole or in part omitted or abstracted therefrom. It was alleged to be misbranded in that the statement on the shipping carton, "200 vitamin B1 units U. S. P.," was false as applied to an article that contained not more than 133 International Units of vitamin B1 per capsule.

It was also alleged to be adulterated and misbranded under the provisions of the law applicable to drugs, as reported in D. D. N. J. No. 566.

On November 19, 1941, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

8222. Misbranding of wheat germ. U. S. v. 219 Cans of Wheat Germ.

Default

decree of condemnation and destruction. (F. D. C. No. 6362. Sample No. 83181-E.)

The labeling of this product bore false and misleading representations regarding its value as a source of certain vitamins and minerals and its efficacy in the treatment of diseases and abnormalities of the body.

On December 9, 1941, the United States attorney for the Eastern District of Louisiana filed a libel against 219 cans of wheat germ at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about September 15, 16, and 24, 1941, by the Colonial Milling Co. from Nashville, Tenn.; and charging that it was misbranded. It was labeled in part: "Polly Rich Wheat Germ."

The article was alleged to be misbranded in that the following and similar statements, (label) "Contains Vitamins A-B-E-G *** Four level tablespoons of Wheat Germ contain about the average daily requirement of Vitamin B"; and (circular, entitled "Polly Rich Wheat Germ Contains vitamins A-B-E-G," attached to retail package) "Nature's Own Tonic in Its Pure Virgin Wholeress' * The heart or embryo of the grain of wheat is known as 'Wheat

*

Germ.' It is one of the best known sources of Vitamin B (whole complex) and E and is a good source of Vitamin A. It contains iron, phosphorous, sodium, potassium, zinc, copper, manganese, calcium and magnesium, all of which are essential to our mineral economy, in forms which are easily assimilated. Wheat Germ is in truth Nature's own health tonic in its pure virgin wholeness'," were false and misleading since they created the impression that wheat germ is a consequential source of vitamins A, B, E, and G and the minerals iron, phosphorus, sodium, potassium, zinc, copper, manganese, calcium and magnesium; whereas, while wheat germ may be considered as a consequential source of vitamin B and phosphorus, the contribution to the dietary intake of the other vitamins and minerals contained in wheat germ is inconsequential. It was alleged to be misbranded further in that representations in the labeling that it was efficacious in the treatment of a wide variety of diseases and abnormalities of the body, such as secondary anemia, cataracts of the eye, sterility, and alcoholic diseases, were false and misleading ince it would not be efficacious for such purposes.

It was also charged to be misbranded under the provisions of the law applicable to drugs, as reported in notices of judgment on drugs and devices.

On March 25, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

MISCELLANEOUS

3223. Adulteration and misbranding of lemon flavor. U. S. v. 234 Quarts of Lemon Flavor. Default decree of condemnation and destruction. (F. D. C. No. 6700. Sample No. 40801-E.)

This product was deficient in lemon oil since it contained only approximately 9 percent while the label declared 20 percent.

On January 14, 1942, the United States attorney for the Eastern District of Pennsylvania filed a libel against 234 quarts of lemon flavor at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or before December 24, 1940, by Francis H. Leggett & Co. from New York, N. Y.; and charging that it was adulterated and misbranded. It was labeled in part : "Lemon Flavor Non-alcoholic."

The article was alleged to be adulterated in that a nonalcoholic lemon flavor containing less than 20 percent of oil of lemon had been substituted for nonalcoholic lemon flavor containing 20 percent of oil of lemon.

It was alleged to be misbranded in that the statements, "Formula: Oil of lemon (U. S. P. (by volume)) 20 Per Cent" and "This lemon flavor has four times the flavoring strength of ordinary commercial lemon extracts. One teaspoonful of this flavor is equal in strength to four teaspoonfuls of commercial extract and should be used accordingly," were false and misleading since it contained less than 20 percent of oil of lemon.

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

3224. Adulteration of ground black pepper. U. S. v. 4 Barrels of Black Pepper. Default decree of condemnation and destruction. (F. D. C. No. 6551. Sample No. 90267-E.)

This product contained rodent hairs and insect fragments.

On December 22, 1941, the United States attorney for the District of Massachusetts filed a libel against 4 barrels of black pepper at Malden, Mass., alleging that the article had been shipped in interstate commerce on or about September 8, 1941, by Wood & Selick, Inc., from New York, N. Y.; 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: (Barrels) "Favorite Brand Black Pepper."

On March 23, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

3225. Misbranding of gelatin. U. S. v. 22 Cases of Gelatin, Default decree of condemnation and destruction. (F. D. C. No. 5386. Sample No. 60855-E.) Examination showed that the two envelopes, each containing 1 tablespoonful of gelatin, enclosed in the box in which the product was packaged, occupied only about 25 percent of the capacity of the box.

On August 15, 1941, the United States attorney for the Western District of Washington filed a libel against 22 cases, each containing 36 boxes, of gelatin at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about June 12, 1941, by Jell-Well Dessert Co., Ltd., from Los Angeles, Calif.; and charging that it was misbranded in that its container was so made, formed, or filled as to be misleading. The article was labeled in part: "Jell-Well Plain Gelatine."

On March 30, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

INDEX TO NOTICES OF JUDGMENT F. N. J. NOS. 3001-3225