at Gulfport, Miss., alleging that the article had been shipped in interstate commerce on or about August 21, 1942, by the Dillon Candy Co., Inc., from Jacksonville, Fla.; and charging that it was misbranded. The article was labeled in part: (Jars) "Dubon Brand Net Wt. 6 Ozs. Peanut Butter*** Distributed By Dubon Company New Orleans La."

The article was alleged to be misbranded in that the statement "Net Wt. 6 Ozs." was false and misleading as applied to an article which was shortweight, and in that it was in package form and failed to bear a label containing an accurate statement of the quantity of the contents.

On June 22, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

OILS AND FATS

5087. Adulteration and misbranding of oils. U. S. v. Frank Arminante (Rinascente Oil Co.). Plea of not guilty. Trial by jury. Verdict of guilty. Sentenced to 3 weeks in jail on each of 6 counts, the sentences to run concurrently. (F. D. C. No. 7288. Sample Nos. 56658-E, 56676-E, 56677-E.)

On March 31, 1943, the United States attorney for the Southern District of New York filed an information against Frank Arminante, trading as Rinascente Oil Co., at New York City, N. Y., alleging shipment and delivery for shipment within the period from on or about March 19 to May 20, 1941, from the State of New York into the State of Connecticut of quantities of oil that was adulterated and misbranded. Two of the shipments were labeled, respectively: "Italian Product Imported Virgin Olive Oil Super-Fine Brand Lucca Italy," and "Extra Fine Oil Superfine Brand." One shipment was labeled: "1 Gal."

The lot labeled "Olive Oil" was alleged to be adulterated in that an artificially flavored and artificially colored mixture of cottonseed oil and an oil similar to corn oil, containing little, if any, olive oil, had been substituted wholly or in part for olive oil, which it was represented to be. All lots of the oil were alleged to be adulterated (1) in that they were imitations of olive oil, consisting essentially of artificially flavored and artificially colored mixtures of cottonseed oil or oils similar to corn oil or soy oil, and were inferior to olive oil, such inferiority having been concealed by the addition of artificial flavoring and artificial coloring; (2) in that artificial flavoring and artificial coloring had been added thereto or mixed or packed therewith so as to make it appear better and of greater value than it was; and (3) in that it contained a coal-tar color, Quinizarine Green, other than one from a batch that had been certified to in accordance with the regulations as provided by law.

All lots were alleged to be misbranded (1) in that they consisted of mixtures of oils containing little, if any, olive oil and were colored and flavored in imitation of olive oil, and their labels did not bear in type of uniform size and prominence the word "imitation" and immediately thereafter the name of the food imitated; (2) in that they were in package form and did not bear labels containing the name and place of business of the manufacturer, packer, or distributor; and (3) in that they were fabricated from two or more ingredients and their labels did not bear the the common or usual name of each such ingredient.

The portions labeled "Olive Oil" and "Fine Oil" were alleged to be misbranded further in that they contained artificial flavoring and artificial coloring and did not bear labeling stating those facts; and in that the words, statements, or other information required by or under authority of law to appear on the label or labeling were not placed thereon in such terms as to render them likely to be read and understood by the ordinary individual under customary conditions of purchase and use, since the tin label bore representations in the Italian language and, by reason of such representations, the article purported to be prepared for the Italian purchaser, and therefore the words, statements, and other information required by the act to appear on the label or labeling should appear thereon in the Italian language in order to be read and understood by the Italian purchaser, whereas such statements and other information did not appear on the labeling in that language.

The lot labeled in part "Olive Oil" was alleged to be misbranded further (1) in that the statements, "Italian Product Imported Virgin Olive Oil *** Lucca Italy. This Olive Oil is guaranteed to be absolutely pure under any chemical analysis. Recommended for table use and medical purposes. Imported Pure Olive Oil.," (and similar statements in Italian) together with the design of olive branches, leaves, and olives, appearing on the tins, were false and misleading as applied to a mixture of cottonseed oil and an oil similar to corn oil, containing little, if any, olive oil; and (2) in that the product consisted of a mixture of cottonseed oil and an oil similar to corn oil and contained little, if any, olive oil, and it was offered for sale under the name of another food, olive oil.

On April 6, 1943, the defendant having entered a plea of not guilty, the case was tried to a jury on June 10, 14, and 15, 1943, and resulted in a verdict of guilty. On July 9, 1943, the defendant was sentenced to 3 weeks on each of the 6 counts of the information, the sentences to run concurrently.

5088. Misbranding of oil. U. S. v. 16 Cans and 18 Cans of Oil. Default decree of condemnation. Product ordered delivered to a welfare organization. (F. D. C. No. 9767. Sample Nos. 26923-F, 26924-F.)

On or about April 12, 1943, the United States attorney for the District of New Jersey filed a libel against 16 cans and 18 cans of oil at Plainfield, N. J., alleging that the article had been shipped in interstate commerce on or about March 2, 1943, by Antonio and Peter Bottone, from New York, N. Y.; and charging that it was misbranded. The article was labeled in part: "Net Contents One Gallon Marca Risveglio Brand Extra Fine Oil," or "Finest Quality Purezza Brand *** One Gallon."

The article was alleged to be misbranded (1) in that the statements (Risveglia Brand) "Net Contents One Gallon," and (Purezza Brand) "One Gallon" were false and misleading as applied to the article, since it was short volume; (2) in that it was in package form and failed to bear a label containing the name and place of business of the manufacturer, packer, or distributor; (3) in that it failed to bear a label containing an accurate statement of the quantity of the contents; (4) in that it was fabricated from two or more ingredients and the label failed to bear the common or usual name of each such ingredient; and (5) in that it contained artificial coloring and failed to bear labeling stating that fact.

On July 8, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a welfare organization. 5089. Adulteration and misbranding of mayonnaise. U. S. v. 15 Cases of Mayonnaise (and 7 additional seizure actions against mayonnaise). Default decrees of condemnation and destruction. (F. D. C. Nos. 9217, 9218, 9246, 9247, 9321, 9322, 9334, 9354. Sample Nos. 19554-F, 22594-F, 23159-F, 23160-F, 23164-F, 23213-F, 23217-F, 23218-F.) Between January 19 and February 10, 1943, the United States attorneys for the Eastern District of Pennsylvania, the Middle District of Pennsylvania, and the District of Massachusetts filed libels against 33 cases, each containing 4 1-gallon jars, and 30 1-gallon jars of mayonnaise at Philadelphia, Pa.; 13 cases, each containing 4 1-gallon jars, and 35 1-gallon jars, of mayonnaise at Allentown, Pa.; 6 cases, each containing 4 1-gallon jars and 3 1-gallon jars, of mayonnaise at Wilkes-Barre, Pa.; 13 1-gallon jars of mayonnaise at Hazleton, Pa.; and 26 1-gallon jars of mayonnaise at Boston, Mass., alleging that the articles had been shipped in interstate commerce within the period from on or about November 25 to December 19, 1942, by H. L. Barker, Inc., from New York, N. Y.; and charging that it was adulterated and misbranded. The article was labeled in part: (Jars) "Mayonnaise Quality Supreme Contains Vegetable Salad Oil."

The article was alleged to be adulterated (1) in that a valuable constituent, vegetable oil, had been in whole or in part omitted therefrom; (2) in that a substance containing mineral oil had been substituted wholly or in part for mayonnaise, which it purported and was represented to be; and (3) in that mineral oil, having no food value, had been added to the article or mixed or packed therewith so as to reduce its quality or strength.

The article was alleged to be misbranded (1) in that the statement "Mayonnaise Quality Supreme * * * Vegetable Salad Oil," appearing in the labeling, was false and misleading as applied to an article made with mineral oil, a non-nutritive substance; (2) in that it was offered for sale under the name of another food; and (3) in that it was in package form and failed to bear a label containing the name and place of business of the manufacturer, packer, or distributor. A portion was alleged to be misbranded further in that it failed to bear a label containing an accurate statement of the quantity of the contents. One lot was alleged to be misbranded further in that it was fabricated from two or more ingredients and its label failed to bear the common or usual name of each ingredient since it contained egg whites, which was not mentioned in the label.

Between February 8 and May 20, 1943, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

VITAMIN PREPARATIONS AND FOODS FOR

SPECIAL DIETARY USES

5090. Adulteration and misbranding of Dina-Mite Cereal. U. S. v. 25 Cans of Dina-Mite Cereal. Default decree of condemnation and destruction. (F. D. C. No. 9194. Sample No. 12795-F.)

On January 25, 1943, the United States attorney for the District of Idaho filed a libel against the above-named product at Twin Falls, Idaho, alleging that the article

had been shipped in interstate commerce on or about November 27, 1942, by the Dina-Mite Food Co. from Spokane, Wash.; and charging that it was adulterated and misbranded.

The article was alleged to be adulterated in that it consisted in whole or in part of a filthy substance, a preparation of wheat, flax, and bran contaminated with rodent hairs and rodent excreta.

It was alleged to be misbranded in that the statements appearing on the label, "Good for Children *** real muscle and blood-building elements with all the proteins, carbohydrates, minerals and bulk *** Natural Laxative Food for Young and Old *** Kiddies won't need coaxing to eat Dina-Mite * * * 'This is the only cereal of which the children ask for a second helping. Its a treat to them'," were false and misleading, since such statements failed to reveal the material facts that the roughage material which was contained in the article might be harmful to children and to old people by causing injury to the gastro-intestinal tract, and that the article contained no muscle and blood-building elements, proteins, carbohydrates, or minerals not found in the ordinary diet.

**

The article was alleged to be misbranded further in that it was represented as a food for special dietary uses by reason of the statement in its label, "* Vitamin B1Natural Laxative Food for Young and Old *** Good for Children real muscle and blood building elements with all the proteins, carbohydrates, minerals and bulk," and its label failed to bear such information concerning its vitamin, mineral, and other dietary properties as had been prescribed by regulations and determined to be necessary in order to inform the purchaser fully as to its value for such uses, since the label did not declare all the special dietary properties upon which the special dietary use was based, i.e., the particular minerals and the presence of the non-nutritive substance, crude fiber, or the amount of such minerals and crude fiber, or a statement of the proportion of the minimum daily requirement for Vitamin B supplied by the food when consumed in a specified quantity during a period of 1 day, as prescribed by the regulations.

On April 9, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5091. Adulteration and misbranding of Wheatmix. U. S. v. 534 Cartons of Wheatmix. Default decree of condemnation and destruction. (F. D. C. No. 9379. Sample No. 3226-F.)

On February 19, 1943, the United States attorney for the District of Nebraska filed a libel at Omaha, Nebr., against 534 cartons, each containing 14 pounds, of an article labeled in part "Dwarfies Wheatmix," alleging that the article had been shipped in interstate commerce or or about January 29, 1943, by the Dwarfies Corporation from Council Bluffs, Iowa, and charging that it was adulterated and misbranded.

The article was alleged to be adulterated in that it consisted in part of filthy substances, rodent excreta, rodent hairs, larvae, and insect parts.

It was alleged to be misbranded in that the statement "25 Times More VitaminRich Wheat Germ Than Whole Wheat," appearing on the label, was false and misleading since the article contained not more than nine times the wheat germ content of whole wheat. It was alleged to be misbranded further in that it was represented for special dietary use by reason of its vitamin B1, vitamin E, vitamin A, vitamin B2, iron, copper, calcium, iodine, and phosphorus content, and the label failed to bear such information concerning its vitamin and mineral properties as had been determined to be, and prescribed by regulations as necessary in order to fully inform the purchasers as to its value for such use, since its label failed to bear, as the regulations require, a statement of the proportion of the minimum daily requirement of vitamin A, vitamin B1 vitamin B2, iron, calcium, iodine, and phosphorus, and the amount of vitamin E and copper supplied by the quantity of said article customarily or usually consumed during the period of 1 day, or a quantity reasonably suitable for and practicable of consumption within such period; and it failed to bear a statement that the need for vitamin E in human nutrition had not been established.

On April 6, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5092. Misbranding of wheat germ. U. S. v. 24 Cases of Wheat Germ. Consent decree of condemnation and destruction. (F. D. C. No. 9373. Sample No. 2555-F.)

On February 15, 1943, the United States attorney for the District of Kansas filed a libel against 24 cases, each containing 12 20-ounce jars, of wheat germ at Kansas City, Kans., alleging that the article had been shipped in interstate com

merce on or about January 22, 1943, by the Bita-Life Co. from Council Bluffs, Iowa; and charging that it was misbranded. The article was labeled in part: "Bita-Life Toasted Wheat Germ *** Net Wt. 20 Oz."

The article was alleged to be misbranded in that the statements, "Lowered vitality, nervousness, lack of energy. For new PEP, new ENERGY, new VITALITY," appearing on the labeling was false and misleading since they represented and suggested to the mind of the reader the impression and belief that the article, when consumed as directed, would prevent or correct such conditions as lowered vitality, nervousness, and lack of energy and would supply new pep, new energy, and new vitality, whereas it would not be efficacious for such purposes. It was alleged to be misbranded further in that it purported to be and was represented as a food for special dietary use, by reason of its vitamin B1 vitamin B2, vitamin E, niacin, phosphorus, iron, and calcium content, and its label failed to bear such information concerning its vitamin and mineral properties as had been declared to be and prescribed by regulations as necessary in order fully to inform purchasers as to its value for such uses, since its label failed to bear, as the regulations require, a statement of the proportion of the minimum daily requirement of vitamin B1, vitamin B2, phosphorus, calcium, and iron, and the amount of vitamin E and niacin supplied by the quantity of the article customarily or usually consumed during the period of 1 day, or a quantity reasonably suitable for and practicable of consumption within such period; and it failed to bear a statement that the need for vitamin E in human nutrition had not been established.

On March 5, 1943, the Bita-Life Co., claimant, having entered its voluntary appearance and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered destroyed.

5093. Adulteration and misbranding of Vi-Chocolin Delicions Vitamin Preparation. U. S. v. 10 Dozen Packages of Vi-Chocolin Delicious Vitamin Preparation. Default decree of condemnation and destruction. (F. D. C. No. 9103. Sample No. 21741-F.)

On January 4, 1943, the United States attorney for the Western District of Pennsylvania filed a libel against the above-named product at Pittsburgh, Pa., alleging that the article had been shipped in interstate commerce on or about September 11, 1942, by the Vitamin-Erg Co., Inc.; and charging that it was adulterated and misbranded.

The article was alleged to be adulterated in that valuable constituents, vitamins A and D, had been in whole or in part omitted therefrom.

It was alleged to be misbranded in that the statements, (label) "Each package Contains Vitamin A 4,000 U. S. P. Units *** Vitamin D 400 U. S. P. Units," and (display carton) "Each One-ounce Bar contains Daily Requirement of *** Vitamin A 4,000 U. S. P. Units*** Vitamin D 400 U. S. P. Units," were false and misleading since each package of the article did not, contain 4,000 U. S. P. units of vitamin A or 400 U. S. P. units of vitamin D, and each 1-ounce bar did not contain the daily requirement of vitamins A and D. It was alleged to be misbranded further in that the statements on the display carton, "Each one-ounce Bar Contains Daily Requirement of the Five Essential Vitamins," and "Each package of ViChocolin will give you Vitamin B2 as much as 8 eggs, or 8 glasses of milk or 34 lb. of American Cheese Vitamin C as much as 1⁄2 orange or 1⁄2 large lemon or 2 glasses of pineapple juice Vitamin A as much as in 4 eggs or 7 oz. of American cheese or 15 glasses of milk Vitamin B as much as in 134 lbs. of lean beef or 131⁄2 oz. of fresh lima beans or 12 slices of 100% whole wheat bread," and designs picturing the various foods referred to, were misleading since they represented and suggested that the article contained all of the vitamins essential in normal nutrition and would provide the same nutritional factors as would consumption of the various food products with which it was compared, whereas it did not contain all of the vitamins essential to normal nutrition and would not provide the same nutritional factors as would consumption of the various food products with which it was compared ; and such statements and designs were further misleading since they failed to reveal the material fact that the food products with which comparison was made contained many different nutritional factors and that it was unnecessary to rely upon the consumption of any single food as a particular dietary factor.

On March 22, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5094. Adulteration and misbranding of Be Plex. U. S. v. 47 Bottles of Be Plex Vitamin B Complex with Minerals and Iron. Default decree of condemnation. Product ordered destroyed. (F. D. C. No. 7393. Sample No. 71700-E.)

On April 23, 1942, the United States attorney for the Eastern District of Missouri filed a libel against the above-named product at St. Louis, Mo., alleging ship

ment in interstate commerce on or about June 18, 1941, by the Oxford Products Co., from Cleveland, Ohio.

Biological examination of the article showed that it contained not more than 330 International units of vitamin B per fluid ounce, whereas the label claimed 660 International units per fluid ounce.

The article was alleged to be adulterated in that a valuable constituent, vitamin B1, had been in whole or in part omitted or abstracted therefrom.

It was alleged to be misbranded in that the following statements, "Valuable (in cases of vitamin deficiency) as an aid to promote appetite and in protecting the body from nerve disorder * * * Each fluid ounce contains: Vitamin B1 660 Int. Units *** Indicated in certain cases of retarded growth, constipation, migraine headaches, and helpful promotion of greater vigor, functional digestion and wholesomeness of the skin. In cases of nutritional anemia as an aid to the formation of Red Blood Corpuscles," were false and misleading, since when used as directed the article would not be of any substantial value for such purposes.

The product was also alleged to be adulterated and misbranded as reported in Drugs and Devices Notices of Judgment.

On December 7, 1942, no claimant having appeared, a decree of condemnation was entered and the product was ordered destroyed.

MISCELLANEOUS FOOD PRODUCTS

GIFT PACKAGES *

5095. Adulteration and misbranding of packages of assorted fruits and gift packages containing assorted fruits, candy, nuts, and preserves. U. S. v. 112 Dozen Packages of Assorted Fruits (and 3 additional seizure actions against packages of assorted fruits and gift packages). Default decrees of condemnation and destruction. (F. D. C. Nos. 9517, 9518, 10004, 10116. Sample Nos. 7121-F, 37130-F, 37676-F, 37677-F, 37683-F to 37685-F, incl.)

Between March 9 and June 19, 1943, the United States attorneys for the Eastern District of Missouri, the District of Columbia, and the Eastern District of Michigan filed libels against 111⁄2 dozen packages of assorted fruits at St. Louis, Mo., 45 gift packages containing an assortment of fruit, candy, nuts, and preserves at Washington, D. C., and 71 dozen packages of assorted fruits and 11 dozen packages of assorted fruits and nuts at Detroit, Mich., alleging that the articles had been shipped in interstate commerce within the period from on or about February 11 to May 12, 1943, by the Golden Brand Nut Products, Inc., from New York, N. Y.; and charging that they were adulterated and misbranded. Portions of the assorted fruits were labeled in part: "The Finest Grown-Best Known Assorted Fruits."

The assorted fruits and fruit paste and prune paste in the gift packages were alleged to be adulterated in that they consisted in whole or in part of filthy substances by reason of the presence therein of one or more of the following: Larvae and insect fragments, rodent hairs, hairs resembling rodent hairs, and beetles. The lots located at Detroit were alleged to be adulterated further in that they had been prepared under insanitary conditions whereby they might have become contaminated with filth.

The lot of assorted fruit located at St. Louis, Mo., was alleged to be misbranded in that the statement in the list of the ingredients, "Finest Shelled Nuts," was false and misleading since there were no nuts present in the packages. The packages located at Washington, D. C., were alleged to be misbranded in that their containers were so made, formed, and filled as to be misleading, since the nut tray was elevated above the bottom of the box and the empty space under the tray was not visible from the top; the bottom of the main box was unnecessarily thick and the higher-priced nuts were packed in the top of the tray where they were visible. Between April 6 and July 16, 1943, no claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed.

5096. Adulteration of gift packages. U. S. v. 121 Boxes containing Cakes, Candy, Raisins, and 2 Jars of Jelly. Default decree of condemnation. Product ordered disposed of as hog feed. (F. D. C. No. 9178. Sample No. 15734-F.) On January 14, 1943, the United States attorney for the District of Utah filed a libel against 121 boxes containing cakes, candy, raisins, and 2 jars of jelly at Salt Lake City, Utah, alleging that the article had been shipped in interstate commerce on or about December 17, 1942, by R. L. Albert & Son, Inc., from New York, N. Y.; and charging that it was adulterated.

The jelly was alleged to be adulterated in that it consisted in whole or in part of a filthy substance, hairs resembling rodent hairs and nondescript dirt. All products were alleged to be adulterated in that they had been prepared under insanitary conditions whereby they might have become contaminated with filth.

* See also. Nos. 4950 and 4951, for gift packages containing candy as the only food product.