Notices of Judgement Under the Federal Food, Drug, and Cosmetic Act ...

leased under bond for reworking under the supervision of the Food and Drug Administration.

On May 21, 1943, no claimant having appeared for the 2 boxes of butter, judgment of condemnation was entered and the product was ordered sold to the highest bidder for use for non-food purposes.

4963. Adulteration of butter.

U. S. v. 322 Pounds of Butter. Default decree of condemnation. Product ordered sold to a rendering company. (F. D. C. No. 9565. Sample No. 20206-F.)

On March 2, 1943, the United States attorney for the District of New Hampshire filed a libel against 322 pounds of butter at Manchester, N. H., alleging that the article had been shipped in interstate commerce on or about February 7, 1943, by the Wells River Creamery from Wells River, Vt.; and charging that it was adulterated 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: "Creamery Butter."

On April 1, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered sold to a rendering company.

4964. Adulteraiton of butter. U. S. v. 13 Cubes of Butter. Consent decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 9564. Sample Nos. 14961-F, 14962-F.)

On February 12, 1943, the United States attorney for the Southern District of California filed a libel against 33 68-pound cubes of butter at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about February 5, 1943, by the Riverview Damascus Milk Co. from Portland, Oreg.; and charging that it was adulterated 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: "Butter Packed by Nampa Creamery Company Nampa, Idaho."

On February 19, 1943, the Carnation Company of Los Angeles, Calif., having appeared as claimant, having admitted the allegations of the libel, and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration.

4965. Adulteration of butter. U. S. v. 33 Cubes of Butter. Consent decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 9563. Sample No. 14810-F.)

On February 22, 1943, the United States attorney for the Southern District of California filed a libel against 33 68-pound cubes of butter at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about January 28, 1943, by the Red River Valley Cooperative Marketing Assn., from Hillsboro, N. Dak.; and charging that it was adulterated 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: "Hatton Cooperative Creamery Hatton, N. Dak."

On March 5, 1943, S. H. Alexander of Glendale, Calif., having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration.

4966. Adulteration of butter. U. S. v. 22 Cubes of Butter. Decree of condemnation.

Product

ordered released under bond for reworking. (F. D. C. No. 9562. Sample No. 11061-F.) On February 18, 1943, the United States attorney for the Northern District of California filed a libel against 22 cubes, weighing from 61 to 66 pounds, of butter, at Oakland, Calif., alleging that the article had been shipped in interstate commerce on or about January 7, 1943, by the Carnation Co. from Tulsa, Okla.; and charging that it was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter.

On March 4, 1943, the Carnation Co. having appeared as claimant, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration.

4967. Adulteration of butter. U. S. v. 20 Cases of Butter. Consent decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 9468. Sample Nos. 30540-F, 30542-F.)

On February 1, 1943, the United States attorney for the Western District of Washington filed a libel against 20 cases, each containing 50 1-pound prints, of butter at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about January 22, 1943, by the Farmers Union Creamery from Dickinson, N. Dak.; and charging that it was adulterated 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: (Print) "Dairy Maid Brand Fancy Creamery Butter*** By Enoch Schultz Creamery Bismarck-North_Dakota."

On February 8, 1943, the Enoch Schultz Creamery of Bismarck, N. Dak., having appeared as claimant and having admitted the allegations of the libel and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration.

4968. Adulteration of butter. U. S. v. 11 Boxes of Butter. Decree of condemnation.

Product

ordered released under bond for reworking. (F. D. C. No. 9466. Sample No. 19841-F.) On January 30, 1943, the United States attorney for the District of Massachusetts filed a libel against 11 54-pound boxes of butter at Springfield, Mass., alleging that the article had been shipped in interstate commerce on or about January 13, 1943, by the Farmers' Cooperative Creamery Association from Big Rapids, Mich.; and charging that it was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter.

On April 19, 1943, the Farmers' Cooperative Creamery Association having appeared as claimants and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be reworked under the supervision of the Food and Drug Administration so that it contain at least 80 percent by weight of milk fat.

4969. Misbranding of butter. U. S. v. 5 Cases and 1 Case of Butter. Default decree of condemnation. Product ordered distributed to a charitable institution. (F. D. C. No. 9569. Sample No. 32637-F.)

This product was short weight.

On March 1, 1943, the United States attorney for the Eastern District of Kentucky filed a libel against 5 32-pound cases and 1 19-pound case of butter at Ashland, Ky., alleging that the article had been shipped in interstate commerce on or about February 22, 1943, by the Blue Valley Creamery from Columbus, Ohio; and charging that it was misbranded. The article was labeled in part: (Individual print wrapper) "Blue Valley Butter*** 8 Ounces Net Weight."

The article was alleged to be misbranded in that the prints did not contain 8 ounces net weight as labeled.

On March 22, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a charitable institution.

CHEESE

Nos. 4970 to 4975 report seizures involving cheese, samples of which were found to be contaminated with one or more types of filth, such as unidentified hairs and rodent hairs, rodent hair fragments, insect fragments, fibrous plant particles, straw, small pieces of metal, and nondescript dirt. In most instances, contamination resulted from preparation of the product under insanitary conditions.

4970. Adulteration of Cheddar cheese. U. S. v. 212 Boxes and 381⁄2 Boxes of Cheddar Cheese. Default decree of condemnation and destruction. (F. D. C. No. 7969. Sample Nos. 9204-F, 9205-F.)

On July 22, 1942, the United States attorney for the Southern District of Alabama filed a libel against a total of 59 boxes and 2 half-boxes of Cheddar cheese at Mobile, Ala., alleging that the article had been shipped in interstate commerce on or about June 21 and 22, 1942, by Armour Creameries from New Albany, Miss.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance, and in that it had been prepared under insanitary conditions whereby it may have become contaminated with filth. The article was labeled in part: "Armour's Cloverbloom American Cheddar Cheese."

On January 12, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

4971. Adulteration of Cheddar cheese. U. S. v. 42 Boxes of White Cheddar Cheese. Default decree of condemnation. Product ordered sold. (F. D. C. No. 7771. Sample No. 86577-E)

On June 16, 1942, the United States attorney for the Western District of Wisconsin filed a libel against 42 boxes of white Cheddar cheese at Monroe, Wis., alleging that the article had been shipped in interstate commerce on or about May 13, 1942, by Schmidt Bros. from Orangeville, Ill.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance and in that it had been prepared under insanitary conditions whereby it may have become contaminated with filth.

On September 24, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. On August 12, 1943, the order of condemnation was amended providing for the sale of the product to the highest bidder for use other than for human consumption.

Default

4972. Adulteration of Cheddar cheese. U. S. v. 45 Boxes of White Cheddar Cheese. decree of condemnation. Product ordered sold. (F. D. C. No. 7779. Sample No. 86579-E.)

On June 17, 1942, the United States attorney for the Western District of Wisconsin filed a libel against 45 boxes of white Cheddar cheese at Monroe, Wis., alleging that the article had been shipped in interstate commerce on or about May 15, 1942, by the Davis Cheese Co. from Davis, Ill.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance.

On October 16, 1942, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. On August 12, 1943, the order of condemnation was amended providing for sale of the product to the highest bidder for purposes other than for human consumption.

4973. Adulteration of Cheddar cheese. U. S. v. 107 Hoops and 8 Boxes of Cheddar Cheese. Decree of condemnation. Product ordered released under bond for reworking. (F. D. C. Nos. 7890, 7891. Sample Nos. 7301-F, 7302-F, 7401-F.)

On July 14, 1942, the United States attorney for the District of Minnesota filed libels against 107 hoops of Cheddar cheese at South St. Paul, Minn., and 8 boxes of cheese at Pine Island, Minn., alleging that the article had been shipped in interstate commerce within the period from on or about June 15 to 30, 1942, by the John Stettler Estate, Riceville, Iowa; 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 may have become contaminated with filth.

On November 14, 1942, Elise Stettler, as administratrix of the estate of John Stettler, filed an answer denying the allegation of adulteration. On June 14, 1943, the claimant having filed a new answer admitting the material allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration. It was denatured and disposed of for animal feed.

4974. Adulteration of Cheddar cheese. U. S. v. 127 Boxes of Cheese. Default decree of condemnation. Product ordered sold. (F. D. C. No. 7965. Sample No. 7210-F.)

On July 23, 1942, the United States attorney for the Western District of Wisconsin filed a libel against 127 71-pound boxes of cheese at Fennimore, Wis., alleging that the article had been shipped in interstate commerce on or about July 8, 1942, by the Gunder Cooperative Cheese Factory from Gunder, Iowa; 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 may have become contaminated with filth. The article was labeled in part: (Cheese) “AJG Cheddar Cheese Iowa Cheese Graders No. 160."

4975. Adulteration of Cheddar cheese. U. S. v. 168 Cheeses. Default decree of condemna. tion. Product ordered sold. (F. D. C. No. 8283. Sample No. 7717-F.)

On August 29, 1942, the United States attorney for the Western District of Wisconsin filed a libel against 168 cheeses at Thorp, Wis., alleging that the article had been shipped in interstate commerce on or about July 17, 1942, by Stuart C. Johnsrud from Cresco, Iowa; and charging that it was adulterated in that it consisted in whole or in part of filthy substances and decomposed substances caused by gassy fermentation.

4976. Adulteration and misbranding of Cheddar cheese. U. S. v. 8 Daises (in cases) of Cheddar Cheese. Default decree of condemnation and destruction. (F. D. C. No. 9249. Sample No. 9841-F.)

On January 29, 1943, the United States attorney for the Eastern District of Louisiana filed a libel against 8 daises of Cheddar cheese (in cases) at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about

December 26, 1942, by Swift & Co., from Springfield, Mo.; and charging that it was adulterated and misbranded.

It was alleged to be adulterated in that a valuable constituent, milk fat, had been wholly or in part omitted or abstracted therefrom. It was alleged to be misbranded in that it purported to be and was represented as Cheddar cheese, a food for which a definition and standard of identity had been prescribed by regulations promulgated pursuant to law, but it failed to conform to such definition and standard since it contained, in its solids, less than 50 percent of milk fat as required by such regulations. On June 21, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

MISCELLANEOUS DAIRY PRODUCTS

4977. Adulteration of cream. U. S. v. 2 10-Gallon Cans of Cream (and 9 additional seizure actions against cream). Consent decrees of condemnation and destruction. Amended decree ordering product delivered to creamery for salvage of the milk fat and its sale for war purposes. (F. D. C. Nos. 9288, 9291 to 9295, incl., 9297 to 9300, incl. Sample Nos. 15244-F, 15256-F, 15941-F, 15944-F, 15946-F, 15948-F, 15951-F, 15954-F to 15957-F, incl., 15959-F, 15960-F, 16116-F, 16120-F, 16121-F, 16123-F.)

Between January 4 and 12, 1943, the United States attorney for the District of Colorado filed 10 libels against a total of 50 10-gallon cans of cream at Denver, Colo., alleging that the article had been shipped in interstate commerce within the period from on or about December 30, 1942, to January 9, 1943, by the Cooperative Union Mercantile Co. from Blackwolf, Kans., Klein Produce from Goodland, Kans., Bert E. Smith from York, Nebr., A. L. Bangert from Big Springs, Nebr., Campbell Produce from Berkelman, Nebr., Stensvad Poultry Co. from North Platt, Nebr., Beauty Girl Non-Stock Cooperative from Gering, Nebr., M. F. Brestel from Brady Island, Nebr., L. M. Strickler from Wheatland, Wyo., Glen L. Horney from Brewster, Kans., Fred J. Toll from Sharon Springs, Kans., Clyde Adams from St. Francis, Kans., Milt's Produce from Colby, Kans., and Ernest Roloff from Oshkosh, Nebr.; and charging that it was adulterated in that it consisted in whole or in part of a filthy, decomposed, and putrid animal substance.

Between January 4 and 12, 1943, the consignees having consented to the entry of decrees, judgments of condemnation were entered and the product was ordered destroyed. On January 13, 1943, an amended decree was entered setting aside the orders of destruction and ordering delivery of the cream to a creamery for salvaging the milk fat and selling it for war purposes.

4978. Adulteration of cream. U. S. v. 2 10-Gallon Cans of Cream.

Consent decree of con

demnation and destruction. (F. D. C. 9465. Sample No. 15922-F.) On February 8, 1943, the United States attorney for the District of Colorado filed a libel against 2 10-gallon cans of cream at Denver, Colo., alleging that the article had been shipped in interstate commerce on or about January 14, 1943, by Milt's Produce from Colby, Kans.; and charging that it was adulterated in that it consisted in whole or in part of a filthy, decomposed, and putrid animal substance.

On February 8, 1943, the consignee having admitted the allegations of the libel and having consented to the entry of a decree, judgment was entered ordering the product destroyed.

4979. Adulteration of cream. U. S. v. 3 10-Gallon Cans and 1 10-Gallon Can of Cream. Product ordered destroyed. (F. D. C. No. 9571,

Consent decrees of condemnation.

9572. Sample Nos. 15611-F, 15969-F.)

On or about February 26 and March 2, 1943, the United States attorney for the District of Colorado filed libels against 4 10-gallon cans of cream at Denver, Colo., alleging that the article had been shipped in interstate commerce on or about February 15 and 17, 1943, by Plettner Bros. from Friend, Nebr., and Bert E. Smith from York, Nebr.; and charging that it was adulterated in that it consisted in whole or in part of a filthy, decomposed, and putrid animal substance.

On the same dates as the institution of the actions, the consignees having admitted the allegations of the libels and having consented to the entry of decrees, judgments of condemnation were entered and the product was ordered destroyed.

4980. Adulteration and misbranding of imitation butter. U. S. v. 92 Cartons of an Article Labeled in Part "Hood's Creamery Pack," (and 3 additional seizure actions against other lots of the same product). Decrees of condemnation. Product ordered sold to a rendering plant. (F. D. C. Nos. 9598, 9716, 9717, 9719. Sample Nos. 20413-F, 20467-F to 20471-F, incl.)

This product was a smooth, light yellow or cream-colored paste with a butter-like taste. It contained gum, gelatin, and artificial color. The average butterfat content of the samples ranged from 28.31 to 33.01 percent, and average moisture from 54.99 to 60.12 percent.

On March 24 and 30, 1943, the United States attorneys for the Districts of Maine, Rhode Island, and New Hampshire filed libels against 251 cartons of imitation butter at Portland, Maine, 9 cases at Providence, R. I., and 117 cartons at Manchester, N. H., alleging that the article had been shipped in interstate commerce within the period from on or about March 15 to 17, 1943, by H. P. Hood & Sons from Charlestown, Mass.; and charging that it was adulterated and misbranded. The article was labeled in part: "Net Weight-One Pound Hood's Creamery Pack Contains Butterfat and Milk Solids, obtained from cream and milk, with color, stabilizer and salt added."

The article was alleged to be adulterated (1) in that it purported to be butter and a valuable constituent, fat, had been in whole or in part omitted therefrom; (2) in that water had been substituted in part for butterfat; (3) in that inferiority had been concealed by the addition of gum and gelatin; and (4) in that water had been added thereto or mixed or packed therewith so as to increase its weight and reduce its quality.

It was alleged to be misbranded (1) in that the name "Creamery Pack" was false and misleading as applied to the article; (2) in that it was an imitation of another food, butter, and its label failed to bear, in type of uniform size and prominence, the word "imitation" and immediately thereafter the name of the food imitated; (3) in that its label failed to bear the common or usual name of the food; and (4) in that it had been fabricated from two or more ingredients and its label failed to bear the common or usual name of each such ingredient.

On April 9, 1943, the cases instituted in the Districts of New Hampshire and Rhode Island were transferred to the District of Maine and consolidated with the lot seized at Auburn, Maine. On July 13, 1943, the consolidated cases and the case involving the lot seized at Portland, Maine, were called and heard and, the claimant having assented, judgments of condemnation were entered and the product was ordered sold to a rendering plant.

4981. Adulteration of oleomargarine. U. S. v. 31 Cases of Vegetable Oleomargarine. Default decree of condemnation and destruction. (F. D. C. No. 9176. Sample No. 7098-F.) On January 12, 1943, the United States attorney for the Southern District of Illinois filed a libel against 31 cases, each containing 32 cartons, of oleomargarine at Granite City, Ill., alleging that the article had been shipped in interstate commerce on or about December 19, 1942, by the Blanton Co., St. Louis, Mo.; and charging that it was misbranded in that it purported to be and was represented as oleomargarine, a food for which a definition and standard of identity has been prescribed by regulation promulgated pursuant to law, and it failed to conform to such definition and standard since it contained less than 80 percent of fat. The article was labeled in part: (Carton) "Packed for Tri-City Grocery Co. Granite City, Illinois."

On March 25, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

EGGS

4982. Adulteration of whole eggs. U. S. v. Marshall Kirby & Co. Plea of guilty. Fine, $200. (F. D. C. No. 7672. Sample No. 84220-E.)

On February 10, 1943, the United States attorney for the Southern District of Indiana filed an information against Marshall Kirby & Co., a corporation, at Terre Haute, Ind., alleging shipment on or about December 5, 1941, from the State of Indiana into the State of New York of a quantity of whole eggs that were adulterated in that they consisted in whole or in part of a decomposed substance.

On June 5, 1943, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $200.

4933. Adulteration of frozen whole eggs. U. S. v. 6,800 Cans of Frozen Whole Eggs. Consent decree of condemnation. Product ordered released under bond for segregation and destruction of the unfit portion. (F. D. C. No. 8357. Sample Nos. 6209-F to 6212-F, incl., 7024-F to 7028-F, incl.)

On September 15, 1942, the United States attorney for the Eastern District of Illinois filed a libel against 6,800 30-pound cans of frozen whole eggs at National Stock Yards, Ill., alleging that the article had been shipped in interstate commerce in the period from on or about May 22 to July 24, 1942, by Marshall Kirby & Co., from Terre Haute, Ind.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance.

On October 6, 1942, Marshall Kirby & Co., Inc., having appeared as claimant and having admitted the allegations of the libel and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released

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