under bond for segregation of the fit portion from the unfit portion and destruction. of the latter under the supervision of the Federal Security Agency. 4984. Adulteration of frozen whole eggs. U. S. v. 1,954 Cans of Frozen Whole Eggs. Product ordered released under bond for segregation of the fit portion from the unfit portion and disposal of the latter for purposes other than human consumption. (F. D. C. No. 9049. Sample No. 9566-F.) On December 12, 1942, the United States attorney for the Northern District of Alabama filed a libel against 1,954 cans, each containing 30 pounds, of frozen whole eggs at Birmingham, Ala., alleging that the article had been shipped in interstate commerce on or about December 3, 1942, by L. D. Schreiber & Co., Inc., from New York, N. Y.; and charging that it was adulterated in that it consisted wholly or in part of a decomposed substance. On January 4, 1943, L. D. Schreiber & Co., having appeared as claimant, the court ordered the marshal to deliver the product to the claimant upon the execution of a bond conditioned that the product be inspected and the good portion segregated from the bad at the premises where seized, but that if removal were necessary or desirable an additional bond be posted conditioned upon disposition of the product under the supervision of the Food and Drug Administration. On January 12, 1943, the product having been inspected and sorted as directed, and 1,261 cans having been found to be fit for food, they were ordered released to the claimant and the 692 unfit cans were ordered disposed of for purposes other than human consumption. 4985. Adulteration of eggs. U. S. v. 210 Cases of Eggs. Decree of condemnation. Product ordered released under bond for reconditioning. (F. D. C. No. 9413. Sample No. 14638-F.) On February 22, 1943, the United States attorney for the Southern District of California filed a libel against 210 cases, each containing 30 dozen eggs, at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about January 3, 1943, by Midwest Cold Storage from Kansas City, Kans.; and charging that it was adulterated in that it consisted wholly or in part of a decomposed substance. The article was labeled in part: "Distributed by Joe Olson, Inc. Kansas City, Kans." On March 19, 1943, West Coast Marketing, Inc., of Los Angeles, Calif., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reconditioning under the supervision of the Food and Drug Administration. 4986. Adulteration of dried eggs. U. S. v. 5 Barrels, 19 Barrels, and 1 Barrel of Dried Eggs. Default decrees of condemnation and destruction. (F. D. C. Nos. 9602, 9603, 9866. Sample Nos. 37941-F, 37942-F, 44210-F.) On March 24 and April 26, 1943, the United States attorneys for the Northern District of Illinois and the Eastern District of New York filed libels against 24 barrels of dried whole eggs at Chicago, Ill., and 1 barrel at Long Island City, N. Y., alleging that the article had been shipped in interstate commerce within the period from on or about January 2 to March 6, 1943, by the Monark Food Products Co. from Hutchinson, Kans.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. On June 1 and 3, 1943, no claimants having appeared, judgments of condemnation were entered and the product was ordered destroyed. 4987. Adulteration and misbranding of frozen egg yolks with added sugar. U. S. v. Marshall Kirby Co. Plea of guilty. Fine, $100. (F. D. C. No. 8812. Sample Nos. 31373-E, 31377-E.) On February 11, 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 May 10, 1941, from the State of Indiana into the State of Michigan of a quantity of adulterated and misbranded frozen egg yolks with added sugar. The article was alleged to be adulterated in that a substance consisting of egg yolks, added egg white, and approximately 10 percent of sugar had been substituted for egg yolks with approximately 10 percent of sugar added, which it was represented to be. It was alleged to be misbranded in that the statement, "Frozen Egg Yolks with approx. 10% Sugar added," appearing on the label, was false and misleading as applied to a product consisting of a mixture of egg yolks and added egg white with approximately 10 percent of sugar added. On June 5, 1943, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $100. FEED 4988. Adulteration and misbranding of alfalfa meal. U. S. v. 246 Sacks of Alfalfa Meal. Default decree of condemnation and destruction. Product relabeled and disposed of as feed. (F. D. C. No. 9426. Sample No. 27923-F.) On February 24, 1943, the United States attorney for the Western District of Wisconsin filed a libel against 246 100-pound sacks of alfalfa meal at Phillips, Wis., alleging that the article had been shipped in interstate commerce on or about December 11, 1942, by the Tremaine Alfalfa Milling Co. from Mesa, Ariz.; and charging that it was adulterated and misbranded. It was labeled in part: (Tag) "Salt River Valley Brand Alfalfa Meal Guaranteed Analysis Crude Protein, not less than.... 13.0 per cent *** Crude Fibre, not more than.... 33.0 per cent." The article was alleged to be adulterated in that alfalfa stem meal had been substituted wholly or in part for alfalfa meal, which it purported and was represented to be. It was alleged to be misbranded in that the name "Alfalfa Meal" was false and misleading as applied to alfalfa stem meal, and in that the statements, "Crude Protein, not less than 13.0 per cent *** Crude Fibre, not more than 33.0 per cent," were false and misleading as applied to the article, since it contained less protein and more fibre than declared on the label. On June 19, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. With the consent of the court, arrangements were made to dispose of the product as animal feed under proper labeling. 4989. Misbranding of alfalfa meal. U. S. v. Saunders Mills, Inc. Plea of nolo contendere. Fine, $305 and costs. (F. D. C. No. 8795. Sample Nos. 26485-F, 26486-F.) On February 16, 1943, the United States attorney for the Northern District of Ohio filed an information against the Saunders Mills, Inc., Toledo, Ohio, alleging shipment on or about August 21 and 31, 1942, from the State of Ohio into the State of Maryland of quantities of alfalfa meal that was misbranded. The article was labeled in part: (Tag) "Carotene Brand Dehydrated Alfalfa Meal." The article was alleged to be misbranded in that the statement, "Crude Protein not less than 17.0 Per Cent *** Crude Fiber not more than 28.0 Per Cent," borne on the tag was false and misleading since it contained less than 17 percent of protein and more than 28 percent of crude fiber, the 2 shipments having been found to contain 14.83 and 16.63 percent, respectively, of crude protein, and 33.65 and 31.35 percent, respectively, of crude fiber. On April 30, 1943, a plea of nolo contendere having been entered on behalf of the defendant, the court imposed a fine of $300 on the first count, $5 on the second count, and assessed costs of the proceeding. 4990. Adulteration and misbranding of animal and poultry feed. U. S. v. Consolidated Products Co. Plea of guilty. Fine, $150. (F. D. C. No. 6468. Sample Nos. 24697-E to 24699-E, incl.) On September 29, 1942, the United States attorney for the Southern District of Ohio filed an information against the Consolidated Products Co., a corporation, Cincinnati, Ohio, alleging shipment on or about February 20, 1941, from the State of Ohio into the State of New Jersey of quantities of animal and poultry feed that was adulterated and misbranded. The articles were labeled in part: "Semi-Solid'E- Emulsion A Condensed Buttermilk Feed For (Poultry and Animals) *** Vitamin D * * * 3,600 Units," "Mixer-Mulsion A Buttermilk Vitamin Product For Poultry and Animal Feed *** Vitamin A *** 80,000 Units Vitamin D *** 10,890 Units," or "Semi-Solid Chick Emulsion A Condensed Buttermilk Feed for (Poultry and Animals) *** Vitamin D *** 1,800 Units." The "Semi-Solid-'E- Emulsion" was alleged to be adulterated in that a valuable constituent, vitamin D, had been in part omitted or abstracted therefrom since it was represented to contain not less than 3,600 units of vitamin D per pound, whereas it contained not more than 3,000 units of vitamin D per pound. It was alleged to be misbranded in that the statement on the label "Minimum Analysis Per Pound *** Vitamin D 3,600 Units" was false and misleading since it contained not more than 3,000 units of vitamin D per pound. The "Mixer-Mulsion" was alleged to be adulterated in that valuable constituents, vitamins A and D, had been in part omitted or abstracted therefrom since it was represented to contain not less than 80,000 units of vitamin A per pound and not less than 10,890 units of vitamin D per pound, whereas it contained not more than 61,690 units of vitamin A per pound and not more than 9,000 units of vitamin D per pound. It was alleged to be misbranded in that the statements, "Minimum Analysis Per Pound ✶✶✶ Vitamin A 80,000 Units, Vitamin D 10,890 Units," were false and ** misleading since the article contained not more than 61,890 units of vitamin A per pound and not more than 9,000 units of vitamin D per pound. The "Semi-Solid Chick Emulsion" was alleged to be adulterated in that a valuable constituent, vitamin D, had been in part omitted or abstracted therefrom since it was represented to contain not less than 1,800 units of vitamin D per pound, whereas it contained not more than 1,500 units of vitamin D per pound. It was alleged to be misbranded in that the statement, "Minimum Analysis Per Pound * * * Vitamin D 1,800," appearing on the label, was false and misleading since the article contained not more than 1,500 units of vitamin D per pound. On October 9, 1942, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $25 on each of the six counts of the information. 4991. Misbranding of cottonseed cake or meal. U. S. v. Chickasha Cotton Oil Co. (Hobart Cotton Oil Co.) Plea of guilty. Fine, $50 and costs. (F. D. C. No. 7718. Sample Nos. 73741-E, 73742-E.) This product was short in protein, a portion containing only 39.19 percent of protein, and the remainder containing but 39.31 percent of protein. On November 2, 1942, the United States attorney for the Western District of Oklahoma filed an information against the Chickasha Cotton Oil Co., a corporation trading as Hobart Cotton Oil Co. at Hobart, Okla., alleging shipment on or about March 23, 1942, from the State of Oklahoma into the State of Kansas of a quantity of cottonseed cake or meal that was misbranded. The article was labeled in part: "Chickasha Quality 43.00% Protein Cottonseed Cake or Meal *** Guaranteed Analysis Protein, not less than . . . 43.00%." The product was alleged to be misbranded in that the statement, "43.00% Protein *** Guaranteed Analysis Protein, not less than . . . 43.00%," borne on the tag, was false and misleading since it contained less than 43 percent of protein. On November 19, 1942, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $50 and $20 costs. 4992. Misbranding of No Milk Calf Food. U. S. v. 1,394 Bags of No Milk Calf Food. Decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 9200. Sample No. 7952-F.) On January 21, 1943, the United States attorney for the District of Minnesota filed a libel against 1,394 25-pound bags of an article labeled in part, "No Milk Calf Food," at Minneapolis, Minn., alleging that the article had been shipped in interstate commerce on or about December 14, 1942, by the National Food Co., from Fond du Lac, Wis. a The article was alleged to be misbranded in that reference to "No Milk" in the name of the article, and the following statements in the circulars, "No-Milk Calf Food Raises Calves Without Milk * * * The Perfect Milk Substitute *** One Quart NO-MILK GRUEL takes the place of one quart of whole milk. *** 100-lb. bag of NO-MILK Calf Food replaces 1,000 lbs. of whole milk *** The profit you make on your veal calves is determined by the number of pounds you can make them gain before market time. You can raise them cheaply on No-Milk Calf Food to a size that will bring a better price and a profit to you," were false and misleading since they represented and suggested that calves could be raised with the product, without milk, and that it was nutritionally equivalent to milk, whereas calves cannot be raised without milk, the article is not nutritionally equivalent to milk, and it cannot fulfill the promises of benefit held out and suggested by the statements. The article was also alleged to be misbranded under the provisions of the law applicable to drugs reported in Drugs and Devices Notices of Judgment. On January 27, 1943, the National Food Co. having appeared as claimant, judgment of condemnation was entered and the product was ordered released under bond for relabeling under the supervision of the Food and Drug Administration. FISH AND SHELLFISH 4993. Adulteration of fish. U. S. v. Progressive Fish Wharf, Inc. (Progressive Fish Co. and Progressive Fillet Co.). Plea of guilty. Fine, $150. (F. D. C. No. 7257. Sample Nos. 5599-E, 65506-E, 65593-E, 67293-E.) On July 6, 1942, the United States attorney for the District of Massachusetts filed an information against the Progressive Fish Wharf, Inc., also trading as the Progressive Fish Co. and the Progressive Fillet Co., at Gloucester, Mass., alleging shipment within the period from on or about August 6 to September 22, 1941, from the State of Massachusetts into the States of Ohio, Colorado, and Iowa of a quantity of fish that was adulterated in that it consisted in whole or in part of a putrid and decomposed substance. The article was labeled in part: "H & G Whiting Frosted Fish." On August 10, 1943, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $150. 4994. Adulteration of frozen whiting. U. S. v. 405 Cartons of H & G Whiting. Consent decree of condemnation and destruction. (F. D. C. Nos. 9316, 9317. Sample No. 16140-F.) On or about February 9, 1943, the United States attorney for the District of Colorado filed a libel against 405 "5-10"-pound cartons of fish at Pueblo, Colo., that had been shipped by the 40-Fathom Fish, Inc., alleging that the article had been shipped on or about October 27, 1942, from Boston, Mass.; 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: (Cartons) "H & G Whiting Packed by General Seafood Corporation, Boston, Mass." On May 1, 1943, the General Seafood Corporation of Boston, Mass., claimant, having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered destroyed. 4995. Adulteration of rosefish fillets. U. S. v. 408 Boxes of Rosefish Fillets. Consent decree of condemnation and destruction. (F. D. C. No. 8528. Sample No. 1844-F.) On October 8, 1942, the United States attorney for the Northern District of Illinois filed a libel against 408 10-pound boxes of rosefish fillets at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about September 22, 1942, by the Gloucester Ice and Cold Storage, Gloucester, Mass.; 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: "Rose Fish Frosted Fillets Baxter & Kerr, Inc., Gloucester, Mass." On June 25, 1943, the shipper and consignee having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered destroyed. 4996. Adulteration of frozen cod fillets. U. S. v. 521 Boxes and 39 Boxes of Frozen Cod Fillets. Consent decree of condemnation. Product ordered released under bond for use as animal feed or fertilizer. (F. D. C. No. 9558. Sample No. 13561-F.) On March 18, 1943, the United States attorney for the District of Oregon filed a libel against a total of 560 boxes of frozen cod fillets at Albany, Oreg., alleging that the article had been shipped in interstate commerce on or about February 22, 1943, by San Juan Fishing & Packing Co. from Seattle, Wash.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance, worms and decomposed fillets. A portion of the article was labeled in part: "Cod Fillets Packed in Canada." The remainder of the article was unlabeled. On July 12, 1943, the San Juan Fishing & Packing Co. having appeared as claimant and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for use as animal feed or fertilizer, under the supervision of the Food and Drug Administration. 4997. Adulteration of frozen shrimp. U. S. v. 88 Bags and 78 Bags of Frozen Shrimp. Default decree of condemnation and destruction. (F. D. C. Nos. 9273, 9328. Sample Nos. 18898-F to 18900-F, incl.) On February 2 and 8, 1943, the United States attorney for the Southern District of New York filed a libel against 166 10-pound bags of frozen shrimp at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about October 11 and 22, 1942, by W. M. Wells and Son from Southport, N. C., and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. On March 4, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 4998. Adulteration of frozen shrimp. U. S. v. 24 Cases of Frozen Shrimp. Default decree of condemnation and destruction. (F. D. C. No. 9585. Sample No. 44533-F.) On March 18, 1943, the United States attorney for the District of New Jersey filed a libel against 24 cases, each containing 18 cartons, of frozen shrimp at Patterson, N. J., alleging that the article had been shipped in interstate commerce on or about March 9, 1943, by A. W. Haff & Co. from New York City, N. Y.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. On June 21, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 4999. Adulteration of frozen shrimp. U. S. v. 2 Boxes of Fros 'n Shrimp. Default decree of Sam iple No. 37204-F.) condemnation and destruction. (F. D. C. No. 9485. On March 4, 1943, the United States attorney for the District of Maryland filed a libel against 2 boxes, each containing 22 5-pound bags, of frozen shrimp at Baltimore, Md., alleging that the article had been shipped in inter.state commerce on or about January 10, 1943, by the Penn Ice Mfg. & Coal Co. from North Wildwood, N. J.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. On April 7, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. Row Head(F. D. C. No. 9519. 5000. Adulteration of raw headless shrimp. U. S. v. 2 Barrels and 360 Boxes On March 9, 1943, the United States attorney for the Northern District of Georgia filed a libel against 2 barrels, containing a total of 2,000 pounds, and 360 unbeled boxes, each containing 5 pounds, of raw headless shrimp at Atlanta, Ga., alleging that the article had been shipped in interstate commerce on or about March 1, 1943, by the Graham Seafood Co. of Coden, Ala., from Irvington, Ala.; and charging that it was adulterated in that it consisted in whole or in part of a decompos ed substance. On April 12, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5001. Adulteration of canned sardines. U. S. v. 133 Cases of Canned Sardines (and additional seizure actions against sardines). Decrees of condemnation. Two lots ordered released under bond for segregation of the fit from the unfit portion and! destruction of the latter. Remaining lot ordered destroyed. (F. D. C. Nes. 7141,. 7142, 7379. Sample Nos. 89076-E, 89085-E, 89400-E, 90726-E.) Between April 2 and 23, 1943, the United States attorneys for the District of Massachusetts and the Eastern and Southern Districts of New York filed libels: against 133 cases of sardines at East Cambridge, Mass., 998 cases of sardines at Brooklyn, N. Y., and 498 cases of sardines at New York, N. Y., alleging that the article had been shipped in interstate commerce within the period from on or about December 13, 1941, to January 29, 1942, by the California Packing Corporation from Monterey, Calif.; 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: "Del Monte California Sardines." On July 19, 1943, the claimant having failed to answer the allegations of the libel filed at East Cambridge, Mass., judgment of condemnation was entered and the product was ordered destroyed. On or about August 9, 1943, the California Packing Corporation, having admitted to the allegations of the remaining libels, judgments of condemnation were entered and the product was ordered released under bond, conditioned, that it be segregated according to codes and re-examined, and that those codes found to be fit for human consumption be released and the remainder destroyed or disposed of in a manner approved by the Food and Drug Administration. 5002. Adulteration of canned crab meat. U. S. v. 49 Cases of Canned Crab Meat (and 3 additional seizure actions against canned crab meat). Default decrees of condemnation and destruction. (F. D. C. Nos. 9319, 9320, 9556, 9600. Sample Nos. 9576-F, 9844-F, 9900-F, 23186-F.) This product was decomposed. One lot was undergoing progressive spoilage. On February 5 and March 15 and 23, 1943, the United States attorneys for the Middle and Eastern Districts of Pennsylvania, the Western District of Texas, and the Northern District of Illinois filed libels against 49 cases of canned crab meat at Sunbury, Pa., 47 cases at York, Pa., 16 cases at Lancaster, Pa., and 39 cases at San Antonio, Tex., which had been consigned by the Cutcher Canning Co., alleging that the article had been shipped in interstate commerce within the period from on or about January 15 to 28, 1943, from New Orleans, La.; 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) “Nearby * * * [or "Nearby Clam Meat"] American Crab Meat." On August 18 and 19 and September 23, 1943, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. |