from Denver, Colo.; and charging that it was adulterated and misbranded. The article was labeled in part: "Asher Brand Apple Cider Vinegar Diluted with Water to 4% Percent Acetic Acid Strength," "Speas Fermented Apple Cider Vinegar Full Strength," "Fancy Table and Pickling Vinegar *** Apple Cider Vinegar Diluted with Water to Four and Half Acetic Acid Strength Packed For Walter Schultz Company Casper, Wyoming," or "Sixty Grain Apple Cider Vinegar."

The article was alleged to be adulterated in that a substance, dilute acetic acid or distilled vinegar, a portion artificially colored, had been substituted wholly or in part for the article. Portions were alleged to be adulterated further in that acetic acid or distilled vinegar, a portion containing artificial color, had been added thereto or mixed or packed therewith so as to reduce its quality or strength, and, in the case of the lot containing artificial color, so as to make it appear better or of greater value than it was. One lot was alleged to be adulterated further in that inferiority had been concealed by the use of artificial color.

All lots of the article were alleged to be misbranded (1) in that the statements "Apple Cider Vinegar," "Apple Cider Vinegar Full Strength," "Apple Cider Vinegar Diluted with Water to Four and Half Acetic Acid Strength," and "Apple Cider Vinegar Diluted with Water to 4% Percent Acetic Acid Strength," appearing in the labeling of the various lots were false and misleading as applied to mixtures of cider vinegar with dilute acetic acid or distilled vinegar, a part of which was artificially colored; and (2) in that it was offered for sale under the name of another food. One lot was alleged to be misbranded further in that it contained artificial coloring and failed to bear labeling stating that fact.

On April 3 and 9, and June 14, 1943, the Speas Co. having appeared as claimant for the lots located at Cheyenne and Casper, Wyo., and having consented to the entry of decrees, judgments of condemnation were entered and the product was ordered released to the claimant under bond for repackaging and relabeling. On May 31 and June 23, 1943, these decrees were modified, with the consent of the claimant, to permit the delivery of the product to various Federal, State, and municipal institutions. On April 21 and May 10, 1943, the consignee of the lot located at Lincoln having consented to the entry of a decree and no claimant having appeared for the lot located at Mira Loma, Calif., judgments of condemnation were entered and the former lot was ordered destroyed and the latter was ordered delivered to charitable and welfare organizations.

5031. Adulteration of mince meat. U. S. v. 27 Wooden Pails and 44 Cases of Mince Meat. Default decrees of condemnation and destruction. (F. D. C. Nos. 9069, 9171. Sample Nos. 24171-F, 36843-F.)

On December 23, 1942, and January 11, 1943, the United States attorneys for the District of Maryland and the District of Columbia filed libels against 27 wooden pails, each containing 20 pounds, of mince meat at Baltimore, Md., and 44 cases, each containing 6 8-pound bottles, of mince meat at Washington, D. C., alleging that the article had been shipped in interstate commerce on or about December 11 and 17, 1942, by the Old Virginia Packing Co., Inc., from Front Royal, Va.; and charging that it was adulterated in that it consisted in whole or in part of filthy substances, rodent hair fragments and insect fragments, and in that it had been prepared under insanitary conditions whereby it may have become contaminated with filth. The article was labeled in part: "Old Virginia Extra Fancy Mince Meat," or "Virginia Royal Fancy Plain Mince Meat."

On January 20 and February 3, 1943, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

CANNED VEGETABLES

5032. Adulteration of canned green beans. U. S. v. 249 Cases of Cut Green Beans. Default decree of condemnation and destruction. (F. D. C. No. 8472. Sample No. 24241-F.)

This product was underprocessed and decomposed.

On October 1, 1942, the United States attorney for the Western District of Virginia filed a libel against 249 cases, each containing 24 cans, of cut green beans at Check, Va., alleging that the article had been shipped in interstate commerce on or about September 3, 1942, by W. C. Simpson, from Check, Va., to Mabscott, W. Va., and had been returned on September 18, 1942, to Check, Va.; 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) "Bent Mountain Brand *** Cut Green Beans."

On May 24, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5033. Adulteration of canned cut green beans. U. S. v. 360 Cases of Canned Cut Green Beans. Default decree of condemnation and destruction. (F. D. C. No. 8689. Sample No. 6052-F.)

Examination showed this product was underprocessed and in part decomposed. On or about November 6, 1942, the United States attorney for the Western District of Missouri filed a libel against 360 cases, each containing 6 No. 10 cans, of cut green beans at Springfield, Mo., alleging that the article had been shipped in interstate commerce within the period from on or about September 5 to 14, 1942, by the Arkansas Valley Canning Co. from Van Buren, Ark.; 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) "Virginia Lee Brand Cut Green Beans."

On April 7, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5034. Adulteration of canned mustard greens, cut green beans, and spinach. U. S. v. 122 Cases of Mustard Greens, 268 Cases of Cut Green Beans, and 119 Cases of Spinach. Decree of condemnation. Product ordered released under bond to be brought into compliance with the law. (F. D. C. No. 9581. Sample Nos. 9738-F to 9740-F, incl.) On March 20, 1943, the United States attorney for the Western District of Louisiana filed a libel against 122 cases of mustard greens, 268 cases of cut green beans, and 119 cases of spinach at Ruston, La., alleging that the articles had been shipped in interstate commerce on or about January 22, 1943, by the Ozark Packing Co., Inc., from Ozark, Ark.; and charging that they were adulterated in that they were under-processed and decomposed. The articles were labeled in part: "Pride of Ozark Brand Mustard Greens [or "Cut Green Beans"]," or "Sailor Girl Brand Spinach."

On July 10, 1943, the Ozark Packing Co., Inc., having appeared as claimant, judgment of condemnation was entered and the products were ordered released under bond to be brought into compliance with the law, under the supervision of the Food and Drug Administration.

5035. Adulteration of canned spinach. U. S. v. 225 Cases of Canned Spinach (and 11 additional seizure actions against canned spinach). Decrees of condemnation. Two of the lots ordered released under bond for segregation of the fit from the unfit portion, and destruction of the latter; remaining lots ordered destroyed. (F. D. C. Nos. 9533 to 9542, incl., 9907, 9908, 10058, 10059. Sample Nos. 5657-F to 5660-F, incl., 5780-F, 5781-F, 6448-F, 6592-F, 32070-F to 32073-F, incl., 48025-F, 48026-F.)

Examination showed this product to be under-processed and undergoing progressive spoilage.

Between March 13 and June 5, 1943, the United States attorneys for the Eastern District of Missouri and the Southern District of Ohio filed libels against 1,282 cases of canned spinach at St. Louis, Mo., and 2,745 cases of canned spinach at Cincinnati, Ohio, which had been shipped in interstate commerce within the period from on or about December 21, 1942, to January 18, 1943, alleging that the article had been shipped by the Ozark Canning Co. from Ozark, Ark.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. Portions of the article were labeled in part: "Pride of Ozark Brand Spinach," or "Ozark Brand Spinach."

On July 17, 1943, the Ozark Canning Co. having appeared as claimant for two of the lots located at Cincinnati, Ohio, and having admitted the allegations of the libels and consented to the entry of decrees, judgments of condemnation were entered and the product was ordered released under bond for segregation of the fit from the unfit portion and destruction of the unfit portion. Between May 14 and July 24, 1943, no claimant having appeared for the remaining lots, judgments of condemnation were entered and the product was ordered destroyed.

5036. Adulteration of canned okra. U. S. v. 474 Cases of Okra (and 9 additional seizure actions against okra). Default decrees of condemnation. (F. D. C. Nos. 9131, 9262, 9471, 9473, 9505, 9523, 9588, 9927, 10006. Sample Nos. 3036-F, 3037-F, 3574-F, 8941-F, 8943-F, 8962-F, 8963-F, 9029-F, 9477-F, 9809-F to 9811-F, incl., 9813-F, 10367-F.)

This product was in whole or in part sour and decomposed. Within the period from on or about January 27 and May 28, 1943, the United States attorneys for the Northern District of Texas, the Southern District of Texas, the Western District of Texas, the Eastern District of Oklahoma, and the Western District of Missouri filed libels against 474 cases of canned okra at Dallas, Tex., 119 cases at Houston, Tex., 262 cases at Kansas City, Mo., 48 cases at Muskogee, Okla., 135 cases at El Paso, Tex., 255 cases at Houston, Tex., and 47 cases at Fort Worth, Tex., alleging that the article had been shipped in interstate commerce within the period from on or about August 5, 1941, to November 12, 1942, by the Pine

Grove Canning Co. from St. Martinville, La.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance rendering it unfit for human consumption. The article was labeled in part: "Pine Grove Brand Cut Okra," "Creole Maid Brand Cut Okra," or "Gulf Bend Brand Cut Okra."

Between April 3 and August 11, 1943, no claimant having appeared, judgments. of condemnation were entered and the product was ordered destroyed. On August 11, 1943, the decree entered in the case covering the lot located at Fort Worth, Tex., was amended providing for the use the product as hog feed.

5037. Adulteration of sauerkraut. U. S. v. 1,500 Cases of Sauerkraut (and 2 additional seizure actions against sauerkraut). Consent decrees of condemnation. Product ordered released under bond for reconditioning or relabeling. (F. D. C. Nos. 9132, 9709, 9817. Sample Nos. 24165-F, 24179-F, 30961-F, 31131-F.)

Between January 5 and April 19, 1943, the United States attorneys for the District of Columbia, the Western District of Washington, and the District of Oregon filed libels against 1,500 cases, each containing 12 jars, of sauerkraut at Washington, D. C., 170 cases of sauerkraut at Seattle, Wash., and 690 cases of sauerkraut at Portland, Oreg., alleging that the article had been shipped in interstate commerce within the period from on or about December 20, 1942, to January 15, 1943, by the Goldsmith Pickle Co. from Chicago, Ill.; and charging that it was adulterated in that brine had been substituted wholly or in part for sauerkraut, which the article purported and was represented to be. The article was labeled in part: (Jars) "Goldsmith Brand Sauerkraut," or "Champion Brand * ** Packed By Western Pickle Co., Chicago, Ill."

Between January 18 and June 8, 1943, the following claimants having appeared: The Goldsmith Pickle Co. for the lot at Washington, D. C., the Western Pickle Co., for the lot Seattle, Wash., and Wadhams & Co., Portland, Oreg., for the lot at Portland, Oreg., and all three claimants having consented to the entry of decrees, judgments of condemnation were entered and the product was ordered released under bond for reconditioning by repacking or relabeling, under the supervision of the Food and Drug Administration.

5038. Misbranding of canned peas. U. S. v. 412 Cases of Canned Peas (and 5 additional seizure actions against canned peas.) Decrees of condemnation with provision for release under bond for relabeling. (F. D. C. Nos. 8370, 8391, 8392, 8841, 8859, 9112. Sample Nos. 2721-F, 4373-F, 4387-F, 4762-F, 4763-F, 32001-F.)

On or about September 16 and 22, November 7, 1942, and January 2, 1943, the United States attorneys for the Western District of Missouri, the Eastern and Western Districts of Kentucky, and the Eastern and Middle Districts of Tennessee filed libels against 412 cases of canned peas at North Kansas City, Mo., 1,5821⁄2 cases at Louisville, Ky., 277 cases at East Bernstadt, Ky., 127 cases at Lafayette, Tenn. and 131 cases at Clarksville, Tenn., alleging that the article had been shipped in interstate commerce within the period from on or about July 22 to August 26, 1942, by the Morgan Packing Co. from Franklin and Austin, Ind.; and charging that it was misbranded. The article was labeled in part: (Cans) "Scott Co. [or “American Beauty," or "Royal Crown"] Garden Run Early June Peas," or "Leota Belle * * * Early June Peas*** Packed by Franklin Packing Co. Franklin, Ind."

It 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 regulation as provided by law, but its quality fell below such standard and its label failed to bear, in such manner and form as the regulations specify, a statement that it fell below the standard.

The Morgan Packing Co. appeared as claimant in each action and admitted the allegations of the libels. On November 5, 1942, decrees were entered in the Western District of Kentucky ordering the release, for relabeling in compliance with the law, of the product seized at Louisville. On November 19 and 20, and December 14, 1942, and January 21, 1943, judgments of condemnation were entered in the remaining actions and the product was ordered released under bond, conditioned that it be relabeled.

5039. Misbranding of canned peas. U. S. v. 251 Cases of Canned Peas. Consent decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 9521. Sample No. 36899-F.)

On March 9, 1943, the United States attorney for the District of Baltimore filed a libel against 251 cases, each containing 24 cans, of peas at Frederick, Md., alleging that the article had been shipped in interstate commerce on or about June 30 and August 18, 1942, by Burgoon & Yingling from Gettysburg, Pa.; and charging that it was misbranded. The article was labeled in part: (Cans) "National Park Brand No. 4 Sieve Early June Peas."

It was alleged to be misbranded (1) in that it purported to be and was represented as a food for which a standard of quality had been prescribed by regulation promulgated pursuant to law, but its quality fell below such standard since the article was a smooth skin variety of peas and the alcohol-insoluble solids of the peas in the container were more than 23.5 percent, the maximum permitted by such regulation; and (2) its label failed to bear, in such manner and form as the regulation specify, a statement that it fell below such standard.

On May 19, 1943, D. C. Winebrener & Son of Frederick, Md., 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 relabeling, under the supervision of the Food and Drug Administration.

MISCELLANEOUS VEGETABLES

5040. Adulteration of sweet relish and pepper relish. U. S. v. 24 Cases and 191 Cases of Sweet Relish and 141⁄2 Cases and 72 Cases of Pepper Relish. Default decree of condemnation and destruction. (F. D. C. Nos. 9142, 9143. Sample Nos. 10792-F to 10795-F, incl.)

On January 11, 1942, the United States attorney for the Northern District of California filed a libel against 215 cases of sweet relish and 861⁄2 cases of pepper relish at San Francisco, Calif., alleging that the articles had been shipped in interstate commerce on or about October 30, 1942, by B. F. Trappey's Sons, Inc., from New Iberia, La.; and charging that they were adulterated in that they consisted in whole or in part of filthy substances, insect fragments and rodent hairs, and in that they had been prepared under insanitary conditions whereby they might have become contaminated with filth.

On February 25, 1943, no claimant having appeared, judgment of condemnation was entered and the products were ordered destroyed.

5041. Adulteration of red peppers. U. S. v. 88 Bags of Red Peppers. Consent decree of condemnation. Product ordered released under bond to be brought into compliance with the law or destroyed. (F. D. C. No. 9442. Sample No. 5788-F.)

This product had been stored under insanitary conditions after shipment in interstate commerce. Extensive rodent contamination was apparent throughout the entire lot. Rodent pellets were found on and between the bags and in the rodent-gnawed sacks, and most of the sacks had been cut by rodents. Examination showed the presence of rodent excreta, rodent hairs, insect- or rodent-damaged and moldy peppers. On February 25, 1943, the United States attorney for the Eastern District of Missouri filed a libel against 88 bags of red peppers in the possession of David G. Evans Coffee Co., alleging that the article had been shipped in interstate commerce on or about September 22, 1942, from Florence, S. C.; and charging that it was adulterated in that it consisted wholly or in part of filthy and decomposed substances, and in that it had been held under insanitary conditions whereby it may have become contaminated with filth.

On March 20, 1943, the David G. Evans Coffee 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 to be brought into compliance with the law or destroyed, under the supervision of the Food and Drug Administration.

5042. Adulteration and misbranding of dehydrated onion and garlic. U. S. v. 182 Cases of Dehydrated Onion and 18% Cases of Dehydrated Garlic. Default decree of condemnation and destruction. (F. D. C. No. 9025. Sample Nos. 18833-F, 18834-F.)

On December 21, 1942, the United States attorney for the District of New Jersey filed a libel against 182 cases of dehydrated onion and 18% cases of dehydrated garlic at Newark, N. J., alleging that the articles had been shipped on or about December 2, 1942, by C. F. Mattlage Sales Co. from New York, N. Y.; and charging that they were adulterated and misbranded. The articles were labeled in part: "Dehydrated Onion [or “Garlic"] Mattlage Brand.”

The articles were alleged to be adulterated in that dehydrated onion and dehydrated garlic, both containing 50 percent of oatmeal, had been substituted for dehydrated onion and dehydrated garlic, respectively, which they purported to be, and in that oatmeal had been added to the articles and mixed and packed therewith so as to increase their bulk and weight and reduce their quality and strength, or make them appear better and of greater value than they were.

The articles were alleged to be misbranded in that the statements appearing on the labeling. "Dehydrated Onion *** A Dry Granulated Concentration of Onion *** Real Onion in Concentrated Form" and "Dehydrated Garlic *** A Dry Granulated Concentration of Garlic *** Real Garlic in Concentrated Form," were false

and misleading as applied to articles containing about 50 percent of oatmeal, and these misbrandings were not corrected by the inconspicuous statements "Onion Cereal and Salt" and "Garlic, Cereal and Salt," appearing at the bottom of the labels. They were alleged to be misbranded further in that they were fabricated from two or more ingredients and their labels failed to bear a statement of the common or usual name of each said ingredient.

On June 21, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

TOMATOES AND TOMATO PRODUCTS

5043. Adulteration of canned tomatoes. U. S. v. 1,997 Cases of Canned Tomatoes. Consent decree of condemnation. Product ordered released under bond for segregation and destruction of the unfit portion. (F. D. C. No. 8449. Sample No. 4800-F.)

This product contained decomposed material as evidenced by the presence of mold. On October 3, 1942, the United States attorney for the Southern District of Ohio filed a libel against 1,997 cases of canned tomatoes at Cincinnati, Ohio, which had been consigned within the period from on or about August 18 to 31, 1942, alleging that the article had been shipped by the Shelby Packing Co. from Shelbyville, Ind.; 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) "Shelby Brand Tomatoes with Added Tomato Juice."

On July 30, 1943, the Shelby Packing 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 separation of the fit portion from the unfit portion and destruction of the latter under the supervision of the Food and Drug Administration.

5044. Adulteration of canned tomatoes. U. S. v. 59 Cases of Canned Tomatoes (and 3 addi. tional seizure actions against canned tomatoes). Default decrees of condemnation and destruction. (F. D. C. Nos. 9583, 9698, 9713, 9934. Sample Nos. 8682-F, 33746-F, 38125-F, 38136-F.)

Examination showed this product to be sour and decomposed.

Between March 22 and May 12, 1943, the United States attorneys for the Northern District of Illinois, the Western District of Pennsylvania, and the Eastern District of Wisconsin filed libels against 59 cases, each containing 24 cans, of tomatoes at Chicago, Ill., 188 cases, each containing 24 cans, at Pittsburgh, Pa., 65 cases, each containing 24 cans, at Oshkosh, Wis., and 41 cases, each containing 24 cans, of tomatoes at Racine, Wis., alleging that the article had been shipped in interstate commerce within the period from on or about September 3, 1942, to January 13, 1943, by the Gaston Canning Co. from Gaston, Ind.; 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) "Summer Sun Brand Tomatoes," "Monogram Brand Tomatoes *** Distributed by the F. B. Ives Co., Oshkosh, Wis.," or "Dearborn Club Tomatoes *** Franklin MacVeagh and Company Distributors Chicago, Ill." Between May 8 and August 7, 1943, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

5045. Misbranding of canned tomatoes.

U. S. v. 898 Cases of Canned Tomatoes. Decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 9380. Sample No. 19662-F.)

On February 15, 1943, the United States attorney for the District of Massachusetts filed a libel against 898 cases, each containing 24 cans, of tomatoes at Boston, Mass., alleging that the article had been shipped in interstate commerce on or about September 25, 1942, by Albert W. Sisk & Son, from Trappe, Md.; and charging that it was misbranded. The article was labeled in part: (Cans) "Pine Cone Brand Tomatoes."

The article was alleged to be misbranded in that it purported to be a food for which a standard of quality had been prescribed by regulation as provided by law, but its quality fell below such standard because the peel per pound of canned tomatoes in the container covered an area of more than 1 square inch, and its label falled to bear, in such manner and form as the regulation specify, a statement that it fell below the standard.

On April 20, 1943, J. Roland Stewart of Trappe, Md., 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 relabeling under the supervision of the Food and Drug Administration.