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admitted the allegations Adulteration Adulteration and misbranding ALLEGED SHIPMENT article was labeled August bags boxes Brand butter Calif candy cartons cheese City claimant having appeared condemnation and destruction condemnation was entered Consent decree consisted in whole containing corn Creamery December decomposed substance decree of condemnation Default decree DISPOSITION Drug Administration Eastern eggs failed to bear false and misleading February feed filed a libel filthy substance flour Food and Drug frozen fruit interstate commerce January jars judgment of condemnation July June less LIBEL FILED March milk misbranded Northern November October Ohio ordered delivered ordered destroyed Packing Peanut peas percent pounds presence product consisted Product ordered released product was ordered Pure quantity relabeling released under bond rodent hairs Sample Section 402 September shipped in interstate Southern District standard statement substance by reason substituted supervision tion tomato United States attorney VIOLATION CHARGED vitamin weight Western District York
Page 363 - ... (b) (1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (2) if any substance has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
Page 293 - Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Page 328 - If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated.
Page 150 - Basically, the question in each case is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.
Page 377 - One who produces or manufactures a commodity, subsequently sold and shipped by him in interstate commerce, whether such sale and shipment were originally intended or not, has engaged in two distinct and separate activities. So far as he produces or manufactures a commodity, his business is purely local. So far as he sells and ships, or contracts to sell and ship, the commodity to customers in another state, he engages in interstate commerce. In respect of the former, he is subject only to regulation...
Page 150 - Before any violation of this act is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the commissioner or his designated agent, either orally or in writing, in person or by attorney, with regard to such contemplated proceeding.
Page 112 - The law defines a cosmetic as misbranded: if its labeling is false or misleading in any particular; if it is in package form, unless it bears a label containing the name and place of business of the manufacturer, packer or distributor, and an accurate statement of the quantity of the contents in terms of weight, measure or numerical count...
Page 375 - ... shall be liable to be proceeded against while in interstate commerce, or at any time thereafter, on libel of information and condemned in any district court of the United States within the jurisdiction of which the article is found...
Page 151 - The pronouncements, policies, and program of the Tennessee Valley Authority and its directors, their motives and desires, did not give rise to a justiciable controversy save as they had fruition in action of a definite and concrete character constituting an actual or threatened interference with the rights of the persons complaining. The judicial power does not extend to the determination of abstract questions.
Page 214 - ... a statement of artificial flavoring, artificial coloring, or chemical preservative, as the case may be, cannot be placed on such units with such conspicuousness as to render it likely to be read by the ordinary individual under customary conditions of purchase and use.