misbranded in that the name "Sage" was false and misleading when applied to an article containing plant material which was not sage.

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

5014. Adulteration and misbranding of spices. U. S. v. 3 Barrels of White Pepper (and 3 additional seizure actions against white pepper, nutmeg, paprika, and cinnamon). Default decrees of condemnation. Products ordered delivered to welfare organizations. (F. D. C. Nos. 9590, 9592, 9594, 9712. Sample Nos. 17789-F, 17790-F, 44802-F to 44807-F, incl., 44812-F, 44813-F.)

On March 20 and 30, 1943, the United States attorney for the District of New Jersey filed libels against 5 barrels, 19 boxes, and 81 cans of white pepper, 58 cans and 57 tins of cinnamon, 36 cans of nutmeg, and 36 cans of paprika, at Newark, N. J., alleging that the articles had been shipped in interstate commerce within the period from on or about March 26, 1942, to December 2, 1943, by the Sure Rise Baking Powder Co. from New York, N. Y.; and charging that they were adulterated and misbranded. The articles were labeled in part: "Pure Ground White Pepper," "Pure White Pepper," "Pure Ground Montauk White Pepper," "Cinnamon 1 Lb. Net," "Nutmeg 1 Lb. Net," "Ground Spices White Pepper 1 Lb. Net," or "Fancy Paprika."

The articles were alleged to be adulterated in that valuable constituents, nutmeg, white pepper, cinnamon, and paprika, had been in whole or in part omitted from the articles and in that substances, i.e., nutmeg, white pepper, cinnamon, and paprika, all containing added starch, and the paprika also containing artificial coloring, had been substituted wholly or in part for the articles. The paprika was alleged to be adulterated further in that its inferiority had been concealed by the use of artificial coloring, and in that cornstarch and artificial coloring had 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 was.

The articles were alleged to be misbranded in that the names, "Nutmeg," "White Pepper," "Pure White Pepper," "Pure Ground White Pepper," "Pure Ground Montauk White Pepper," "Cinnamon," and "Fancy Paprika," appearing on the labels, were false and misleading as applied to articles containing added starch and, in the case of the paprika, artificial coloring, and in that they were offered for sale under the names of other foods. All of the articles except the barrels of white pepper were alleged to be misbranded further in that they were in package form and failed to bear labels containing the name and place of business of the manufacturer, packer, or distributor. The nutmeg, cinnamon, and portions of the white pepper were alleged to be misbranded also in that the statement "1 Lb. Net," appearing on the labels, was false and misleading since they were short weight, and in that they were in package form and failed to bear labels containing accurate statements of the quantity of the contents. The paprika was alleged to be misbranded further in that it was an imitation of another food, paprika, 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, and in that it contained artificial coloring and failed to bear a label stating that fact.

On June 21, 1943, no claimant having appeared, judgments of condemnation were entered and the products were ordered delivered to welfare organizations.

5015. Misbranding of whole nutmeg. U. S. v. 4 Cartons of Nutmeg. Default decree of condemnation and destruction. (F. D. C. No. 9548. Sample No. 21644-F.)

Examination showed the boxes to contain 12 or 13 nutmegs. On the basis of the additional nutmegs which could be packed into the boxes, they were less than 60 percent filled.

On March 13, 1943, the United States attorney for the Western District of Pennsylvania filed a libel against 4 cartons, each containing 12 boxes, of nutmegs at Pittsburgh, Pa., alleging that the article had been shipped in interstate commerce on or about February 17, 1943, by Durkee Famous Foods from Elmhurst, N. Y.; and charging that it was misbranded in that its container was so filled as to be misleading, since the container was too large for the amount of nutmeg it contained, and in that it was a food in package form and it failed to bear a label containing an accurate statement of the quantity of the contents, since the declaration in terms of numerical count due to variation in the sizes of the nutmegs did not give accurate information as to the quantity of food in the package.

On April 8, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

FRUITS AND VEGETABLES

CANNED FRUIT

5016. Misbranding of canned pears. U. S. v. 198 Cases and 300 Cases of Canned Pears. Consent decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. Nos. 9508, 9509. Sample Nos. 14621-F, 19188-F, 19190-F.)

On or about March 8 and 9, 1943, the United States attorneys for the Southern District of New York and the District of New Jersey filed libels against 198 cases, each containing 24 cans, of pears at New York City, N. Y., and 300 cases, each containing 24 cans, of pears at Jersey City, N. J., alleging that the article had been shipped in interstate commerce on or about January 16, 1943, by the Pure Foods Corporation from Los Angeles, Calif., to New York, N. Y., and that a part had been reshipped to Jersey City, N. J.; and charging that it was misbranded. The article was labeled in part: (Cans) "Golden Flow' Brand Sliced Bartlett Pears." The article was alleged to be misbranded (1) in that it was represented as a food for which a standard of quality had been prescribed by regulations promulgated pursuant to law, and its quality fell below such standard in that it failed to meet the test for tenderness established by the standard; and (2) its label failed to bear a statement that its quality fell below such standard.

On April 2 and 12, 1943, Pablo A. Font and Luis F. Font, doing business as Font & Co., New York, N. Y., having appeared as claimants and having admitted the allegations of the libels, judgments of condemnation were entered and the product was ordered released under bond for relabeling under the supervision of the Food and Drug Administration.

5017. Misbranding of canned pears.

U. S. v. 485 Cases of Canned Pears. Consent decree

of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 9382. Sample No. 19156-F.)

On February 20, 1943, the United States attorney for the Eastern District of New York filed a libel against 485 cases, each containing 24 cans, of pears at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about February 2, 1943, by Clement Pappas & Co., from Cedarville, N. J.; and charging that it was misbranded. The article was labeled in part: (Cans) "Pappas Brand U.S.A. *** Halves Kieffer Pears."

The article was alleged to be misbranded in that it purported to be and was represented as a food for which a standard of quality had been prescribed by regulations promulgated pursuant to law, but its quality fell below such standard with respect to uniformity of trim, tenderness, and freedom from blemishes, and its label failed to bear, in such manner and form as the standard specifies, a statement that it fell below such standard.

On June 9, 1943, Clement Pappas & Co. 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 relabeling under the supervision of the Food and Drug Administration.

FRESH FRUIT

5018. Adulteration of apples. U. S. v. 812 Boxes of Apples. Consent decree of condemnation. Product ordered released under bond for reconditioning. (F. D. C. No. 9561. Sample No. 14734-F.)

On February 17, 1943, the United States attorney for the Southern District of California filed a libel against 812 boxes of apples at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about January 13, 1943, by the Fruit Growers Service Co., Inc., from Wenatchee, Wash.; and charging that it was adulterated in that it contained an added poisonous or deleterious substance, arsenic and/or lead, which might have rendered it injurious to health. The article was labeled in part: "Fancy Delicious Boy Blue Brand."

On March 11, 1943, the Angelus Fruit & Produce Co. of Los Angeles, Calif., 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 reconditioning under the supervision of the Food and Drug Administration.

FROZEN FRUIT

5019. Adulteration of frozen strawberries. U. S. v. Samuel Alston Moffett (S. A. Moffett Co.). Plea of guilty. Fine, $100 on count 1, $200 fine on each of the remaining 2 counts of the information, and costs. (F. D. C. No. 8802. Sample Nos. 14301-F, 15296-F, 19749-F, 92121-F.)

On July 30, 1943, the United States attorney for the Western District of Washington filed an information against Samuel Alston Moffett, trading as the S. A.

Moffett Co. at Seattle, Wash., alleging shipment within the period from on or about May 27 to July 24, 1942, from the State of Washington into the States of California, Colorado, and Massachusetts of a quantity of frozen strawberries that were adulterated in that they consisted in whole or in part of decomposed substances.

On August 23, 1943, the defendant having entered a plea of guilty, the court imposed a fine of $100 on count 1 of the information and $200 on each of the 2 remaining counts, together with costs.

5020. Adulteration of frozen strawberries. U. S. v. 5 Barrels, of Frozen Strawberries. Default decree of condemnation and destruction. (F. D. C. No. 9579. Sample No. 38242-F.) On March 22, 1943, the United States attorney for the Northern District of Illinois filed a libel against 5 barrels of frozen strawberries at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about February 3, 1943, by the S. A. Moffett Co., from Mt. Vernon, Wash.; and charging that it was adulterated in that it consisted in whole or in part of decomposed substances, moldy berries. The article was labeled in part: "Cold Pack Marshall Strawbys."

On May 11, 1943, no claimant having appeared, judgment of condemnation was entered and product was ordered destroyed.

5021. Adulteration of red raspberries. U. S. v. 66 Barrels of Red Raspberries.

Consent

decree of condemnation. Product ordered released under bond for reconditioning. (F. D. C. Nos. 8714 to 8716, incl., 8856. Sample Nos. 1851-F, 1853-F, 1854-F, 1871-F.) On November 14, 1942, the United States attorney for the Northern District of Illinois filed a libel against 66 barrels, each barrel containing 390 pounds, of red raspberries at Chicago, Ill., alleging that the article had been shipped in interstate commerce within the period from on or about July 17 to August 5, 1942, by the Frigid Food Products Inc., from Detroit, Mich.; and charging that it was adulterated in that water or water and sugar (sugar present only in some barrels) had been substituted wholly or in part for red raspberries.

On January 14, 1943, the Frigid Food Products, Inc., 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 reconditioning under the supervision of the Food and Drug Administration.

On June 7, 1943, the Welch Fruit Products Co., Chicago, Ill., having entered a claim for 20 barrels of the product and having consented to the entry of the decree theretofore entered, and the court, having heard arguments of counsel and the evidence in support. of the claim, found that the 20 barrels of the product in controversy was the product of the Welch Fruit Products Co., and ordered that the product be released to the owner on the same condition as those of the original decree.

MISCELLANEOUS FRUIT PRODUCTS

5022. Adulteration of imitation jellies and Lekvar. U. S. v. Vienna Extract Co., Inc., David Littmann and Moses Siegel. Pleas of guilty. Corporation fined $600, David Littmann $1,500 and Moses Siegal $150. (F. D. C. No. 6451. Sample Nos. 56680-E, 56681-E, 56687-E.)

Samples of these products were found to contain rodent hairs, insect fragments, paint fragments, wood splinters, metal fragments, string fibers, fragments of paper. and nondescript dirt.

On May 13, 1942, the United States attorney for the Eastern District of New York filed an information against the Vienna Extract Co., Inc., Brooklyn, N. Y., and David Littmann, and Moses Siegel, president and treasurer, respectively, of the corporation, alleging shipment on or about April 26 and May 8, 1941, from the State of New York into the State of Connecticut of quantities of imitation jellies and Lekvar that were adulterated in that they consisted in whole or in part of filthy substances, and in that they had been prepared under insanitary conditions whereby they may have become contaminated with filth. The articles were labeled in part: "Imitation Raspberry Jelly *** [or “Imitation Rasp. Flavored Fruit Jelly"] Manufactured for I. Bader & Co. *** Bridgeport, Conn.," or "D. L. Brand * * * Baker's Delight Lekvar [or "Imitation Fruit Jelly"]."

On May 26, 1942, a plea of guilty having been entered on behalf of the defendant corporation and by the individual defendants, the court imposed a fine of $600 against the corporation, $1,500 against David Littmann, and $150 against Moses Siegel.

5023. Adulteration of jellies and preserves. U. S. v. Farmer's Friend Products, Inc., and Louis Bauernfreund, President. Pleas of guilty. Corporation fined $450. Individual defendant sentenced to 90 days in jail on each of the 9 counts, the sencences to run concurrently. After servinng 32 days, individual resentenced to 1 day. (F. D. C. No. 6452. Sample Nos. 69319-E, 69320-E, 69835-E to 69837-E, incl., 74441-E, 74443-E, 74445-E, 82004-E.)

This product contained human hairs, rodent hairs, fragments of insect bodies, legs, heads, larvae, pomace-fly eggs, thrips, small fragments of metal and paint, splinters, fly maggots, and miscellaneous filth.

On June 29, 1943, the United States attorney for the Eastern District of New York filed an information against the Farmer's Friend Products, Inc., Brooklyn, N. Y., and Louis Bauernfreund, president, alleging shipment within the period from on or about June 28 to July 20, 1941, from the State of New York into the States of New Jersey and South Carolina of quantities of jellies and preserves that were adulterated in that they consisted in whole or in part of filthy substances, and in that they had been prepared under insanitary conditions whereby they may have become contaminated with filth. The articles were labeled in part: "Mrs. Bauer's Brand Pure Orange Marmalade [or various jellies or preserves]," or Marigold Brand *** Pure Grape Jelly [or various jellies or preserves] Marigold Grocery Co. Distributors Jersey City, N. J."

On July 22, 1943, pleas of guilty having been entered on behalf of the defendants, the court imposed a fine of $50 against the corporation on each of the 9 counts contained in the information, and sentenced the individual defendant to 90 days in jail on each of the counts, the jail sentences to run concurrently. On August 24, 1943, 32 days having been served, Louis Bauernfreund was resentenced to 1 day in jail.

5024. Adulteration of fruit peels. U. S. v. Daniel Davis (Orange Products Co.). Plea of guilty. Fine, $500 on count 1 and 3 months in jail on each of remaining counts, the jail sentences to run concurrently. (F. D. C. No. 6488. Sample Nos. 54215-E, 74531-E, 74534-E.)

These products were found to contain rodent hairs, flies, larvae, fragments of insects, and beetles.

On June 29, 1943, the United States attorney for the Eastern District of New York filed an information against Daniel Davis, trading as the Orange Products Co., Brooklyn, N. Y., alleging shipment within the period from on or about August 25 to September 29, 1941, from the State of New York into the States of Pennsylvania and New Jersey of quantities of fruit peels that were adulterated in that they consisted in whole or in part of filthy substances, and in that they had been prepared under insanitary conditions whereby they may have become contaminated with filth. The articles were labeled in part: "Tutti Fruiti Diced Mixed Fruit Peels," or "Green Grapefruit Peel."

On July 16, 1943, the defendant having entered a plea of guilty, the court imposed a fine of $500 on count 1 and a sentence of 3 months in jail on each of the remaining 2 counts, the jail sentences to be served concurrently.

5025. Adulteration and misbranding of apple spread. U. S. v. 345 Cases and 45 Cases of Apple Spread. Default decrees of condemnation and destruction. (F. D. C. Nos. 9179, 9758. Sample Nos. 3331-F, 8936-F.)

On January 14 and April 13, 1943, the United States attorneys for the Southern District of Texas and the District of Kansas filed libels against 345 cases of apple spread at Houston, Tex., and 45 cases at Wichita, Kans., which had been consigned by the Silverton Canning Co., alleging that the article had been shipped in interstate commerce on or about September 8 and 17, 1942, from Silverton, Oreg.; and charging that it was adulterated and misbranded. The article was labeled in part: (Cans) "Table Brand✶✶✶ Apple Spread."

The article was alleged to be adulterated in that it contained added poisonous or deleterious substances, lead and arsenic, which might have rendered it injurious to health.

It was alleged to be misbranded (1) in that it purported to be apple butter, 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 had not been concentrated by heat, as the regulations prescribe, to such point that the soluble solids content of the finished article was not less than 43 percent as determined by the methods prescribed in the regulations; and (2) since its label did not bear the names of the food specified in such definition and standard of identity.

On March 19 and April 13, 1943, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

5026. Adulteration of date paste. U. S. v. 10 Crates of Date Paste. Default decree of condemnation and destruction. (F. D. C. No. 9023. Sample No. 12423-F.) On December 24, 1942, the United States attorney for the Western District of Washington filed a libel against 10 crates of date paste at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about October 16, 1942, by Andrew Reich & Co. from Los Angeles, Calif.; and charging that it was adulterated in that it consisted in whole or in part of a filthy and decomposed substance, worm and other insect fragments, and was fermented, and in that it had been prepared under insanitary conditions whereby it may have become contaminated with filth. The article was labeled in part: "California Date Pieces Seeded and Macerated."

On July 28, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5027. Adulteration of fruit cocktail.

U. S. v. 170 Cases of Fruit Cocktail. Default decree of

condemnation and destruction. (F. D. C. No. 9101. Sample No. 7927-F.)

On December 30, 1942, the United States attorney for the District of Minnesota filed a libel against 170 cases of fruit cocktail at Minneapolis, Minn., alleging that the article had been shipped in interstate commerce on or about September 22, 1942, by the Hunt Bros. Packing Co. from Hayward, Calif.; and charging that it was adulterated in that it consisted wholly or in part of a decomposed substance. The article was labeled in part: "Blue Bonnet Brand *** Fruit Cocktail Winters Canning Company Distributors Main Office San Francisco."

On February 19, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5028. Adulteration of orange juice. U. S. v. 1,096 Cases, 106 Cans, and 263 Cases of Orange Juice. Consent decree of condemnation. Product ordered released under bond for segregation and destruction of the unfit portion. (F. D. C. No. 9584. Sample Nos. 728-F, 729-F.)

On March 23, 1943, the United States attorney for the Northern District of Illinois filed a libel against 1,096 cases, each containing 12 cans and 106 swelled cans, and 263 cases, each containing 6 cans, of orange juice at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about December 23, 1942, and January 14, 1943, by the Sun Bird Packing Company, Ltd., from Arcadia and Los Angeles, Calif.; and charging that it was adulterated in that it consisted wholly or in part of a decomposed substance. The article was labeled in part: (Cans) “Sunbird California Unsweetened Orange Juice."

On April 30, 1943, R. J. Mattison, doing business as the Sun Bird Packing Co., Ltd., having appeared as defendant 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 segregation and destruction of the unfit portion, under the supervision of the Food and Drug Administration.

5029. Adulteration of canned prune juice. U. S. v. 14 Cases of Canned Prune Juice. Default decree of condemnation and destruction. (F. D. C. No. 9547. Sample No. 30938-F.) Examination showed this product to be undergoing active spoilage.

On March 18, 1943, the United States attorney for the Western District of Washington filed a libel against 14 cases of canned prune juice at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about October 18, 1941, by Libby, McNeill & Libby from Oakland, 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: (Cans) "Ramrod Juice of Dried Prunes *** Emery Food Co. Chicago, Illinois Distributors."

On July 13, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5030. Adulteration and misbranding of vinegar. U. S. v. 9 Barrels, 5 Kegs, and 5 Cases, (563 gallons), of Vinegar (and 4 additional seizure actions against vinegar). Decrees of condemnation. Portions of product ordered delivered to public or welfare organizations. Remainder ordered destroyed. (F. D. C. Nos. 9545, 9699, 9752, 9787, 9912. Sample Nos. 3162-F, 3170-F, 13727-F, 15936-F, 15937-F, 27726-F, 36049-F.)

Between March 26 and May 31, 1943, the United States attorneys for the District of Wyoming, the Southern District of California, and the District of Nebraska, filed libels against 9 barrels, 5 kegs, 20 gallon jugs, and 6 cartons, each containing 24 1-pint bottles, of vinegar, at Cheyenne, Wyo., 15 barrels of vinegar at Casper, Wyo., 68 gallon jugs of vinegar at Mira Loma, Calif., and 17 barrels of vinegar at Lincoln, Nebr., alleging that the article had been shipped in interstate commerce within the period from on or about December 11, 1942, to February 12, 1943, by the Speas Co.