the Good-Rich Juice Co. from Poplar Bluff, Mo.; and charging that they were adulterated and misbranded. * They were alleged to be adulterated in that mixtures of water, sugar, citric acid, fruit pulp, a small amount of sodium benzoate, and artificial color (in the orange and orange-pineapple), had been substituted wholly or in part for "Orange [or "Pineapple-Orange" or "Grape Fruit”] * Fresh Fruit Food Product Drink," which the articles purported and were represented to be. The orange and pineapple-orange were alleged to be adulterated further in that inferiority had been concealed by the use of citric acid and artificial color, and in that citric acid and artificial color had been added thereto or mixed or packed therewith so as to make them appear better or of greater value than they were. All articles were alleged to be misbranded (1) in that the statement "GoodRich" was false and misleading as applied to a fruit-type beverage containing (orange) 10.7 percent, (pineapple-orange) 14.8 percent, and (grape fruit) 14.6 percent, respectively, of fruit juices; (2) in that the statement on the labels, "This is a Fresh Fruit Food Product Drink," was false and misleading since it created the impression that the articles consisted essentially of fruit juices, (3) in that they were imitations of other foods, orange juice, pineapple and orange juice, and grapefruit juice, and their labels failed to bear, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the names of the foods imitated; and (4) in that they purported to be and were represented as foods for special dietary uses by reason of their vitamin B, content, and their labels failed to bear such information concerning their vitamin properties as had been determined to be, and by regulations prescribed as, necessary in order fully to inform purchasers as to their value for such uses, since their labels failed to state the proportion of the minimum daily requirement for vitamin B. contained in a specified quantity of the articles, as required by the regulations. The "Orange" and "Pineapple-Orange" were alleged to be misbranded further in that the designs of a cut orange or grapefruit and drops of orange or grapefruit juice were false and misleading since they created the impression that the articles consisted essentially of fruit juices; and in that the statements, "To the Pure Orange Juice is added Orange Oil from the peel containing Vitamin C," and "To the Pure Grape Fruit Juice from luscious California and Texas treeripened Grape Fruit is added the Vitamins contained in the oil from the peel," were false and misleading since the vitamin C content was inconsequential. The "Orange" and "Pineapple-Orange" were alleged to be misbranded also in that they were fabricated from two or more ingredients and their labels failed to bear the common or usual name of each such ingredient since "lemon acid," which is listed on the labels, is not the common or usual name for citric acid. The "Orange Fruit" 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 such ingredient, since citric acid was not listed on the label. On July 29, 1943, the Good-Rich Juice Co. having admitted the allegations of the libel and having consented to the entry of a decree, the court made a finding that the product was misbranded and ordered it released under bond for relabeling, under the supervision of the Food and Drug Administration. CEREALS AND CEREAL PRODUCTS ALIMENTARY PASTES 5112. Adulteration of spaghetti. U. S. v. 74 Boxes and 99 Boxes of Spaghetti. Default decree of condemnation and destruction. (F. D. C. No. 9860. Sample Nos. 21672–F, 21683-F.) This product contained insects and insect fragments, rodent hair fragments, and fragments resembling rodent hair. On April 28, 1943, the United States attorney for the Northern District of Ohio filed a libel against 174 boxes, each containing 20 pounds, of spaghetti at Youngstown, Ohio, alleging that the article had been shipped in interstate commerce on or about March 1 and 25, 1943, by the Niagara Macaroni Manufacturing Co. from Buffalo, N. Y.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance, and in that it had been prepared under insanitary conditions whereby it may have become contaminated with filth. The article was labeled in part: "Romano Spaghetti." On June 18, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5113. Adulteration of macaroni products. C. S. v. 327 Packages of Macaroni Products (and 5 additional seizure actions against macaroni products). Default decrees of condemnation and destruction. (F. D. C. Nos. 9951 to 9955, incl., 10012. Sample Nos. 23288-F, 23291-F to 23294-F, incl., 28958-F.) These products contained rodent hair fragments, and insect fragments, and one jot contained human hair fragments. On May 15 and 26, 1943. the United States attorneys for the Eastern District of Pennsylvania and the Eastern District of South Carolina filed libels against 959 packages and 12 cases of macaroni products at Philadelphia, Pa., and 120 boxes of macaroni products at Columbia, S. C., alleging that the articles had been shipped in interstate commerce within the period from on or about April 19 to 28, 1943, by the Cardinale Macaroni Mfg. Co., Inc., from Brooklyn, N. Y.; and charging that they 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: “Cardinale Grade A Macaroni”. On June 12 and July 12, 1943, no claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed. 5114. Adulteration of egg noodles, spaghetti, and macaroni, and misbranding of spaghetti. U. S. v. 70 Cartons of Egg Noodles and 86 Cartons of Spaghetti (and 2 additional seizure actions against alimentary paste products). Default decrees of condemnation and destruction. (F. D. C. Nos. 9756, 9855, 10110. Sample Nos. 6701-F, 6707-F, 6740-F, 43307-F, 43308-F, 43310-F.) This product contined rodent hairs, hairs resembling rodent hairs, and insect fragments. Between April 8 and June 19, 1943, the United States attorneys for the Western District of Tennessee and the Western District of Oklahoma filed libels against 70 cartons of egg noddles and 769 cartons of spaghetti at Memphis, Tenn., and 91 cartons of macaroni and 114 cartons of spaghetti at Prague, Okla., alleging shipment within the period from on or about December 29, 1942, and April 27, 1943, by the Domino Macaroni Co. from Springfield. Mo.; and charging that it was adulterated and misbranded. The article was labeled in part: "Domino Durum Wheat * * * Long Spaghetti," or "Blue Jay Spaghetti" [on portions, “Our product is manufactured in a modern plant under the most sanitary conditions,”] or "Western Delight Brand Macaroni [or “Spaghetti”].” The article was alleged to be adulterated in that it consisted in whole or in part of a filthy substance, and in that it had been prepared under insanitary conditions whereby it may have become contaminated with filth. Portions of the article were alleged to be misbranded in that the statement, “Our product is manufactured in a modern plant under the most sanitary conditions." borne on some of the labels, was false and misleading as applied to a food manufactured under insanitary conditions. On May 24 and July 20, 1943, no claimant having appeared. judgments of condemnation were entered and the product was ordered destroyed. 5115. Adulteration and misbranding of macaroni. U. S. v. 15 Cases of Macaroni (and S additional seizure actions against alimentary paste products). Default decrees of condemnation. One lot ordered delivered to a charitable institution. The remaining lots ordered destroyed. (F. D. C. Nos. 9723, 9831, 9996, 9937, 10309, 10021, 10085, 10086, 10101. Sample Nos. 19634-F. 19636–F, 22046-F, 23234-F, 23260-F, 23295-F to 23298-F, incl., 23705-F. 23706–F.) Portions of the product contained insect fragments and rodent or cat hair fragments. The remainder was artificially colored to simulate alimentary pastes containing a higher proportion of egg than was present. Between March 29 and June 16, 1943, the United States attorneys for the Eastern and Western Districts of Pennsylvania and the District of Massachusetts filed libels against 620 cases, each containing 20 packages, of various alimentary paste products at Philadelphia, Pa., 78 cartons, each containing 20 packages, of various alimentary paste products at Boston, Mass., and 150 cartons, each containing 20 packages, of various alimentary paste products at Indiana, Pa., alleging that the article had been shipped in interstate commerce within the period from on or about February 1 to May 20, 1943, by the Vittoria Macaroni Co. from Maspeth, N. Y.; and charging that it was adulterated and misbranded. Portions of the article were labeled in part: "Vittoria Fusilli Col-Buco.” “Indiana Brand." "Lion Brand." or "Vittoria Specialties." One lot was labeled in part: “Indiana Brand Fusilli Made from No. 1 Semolina Guaranteed to comply with State and Federal Pure Food Laws Manufactured by Indiana Maca roni Co., Inc., Indiana. Pa.” The lots located at Boston, Mass., Indiana, Pa., and all but two of the lots located at Philadelphia, Pa., were alleged to be 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. Two of the lots located at Philadelphia, Pa., were alleged to be adulterated (1) in that a valuable constituent, egg, had been in whole or in part omitted therefrom; (2) in that artificially colored alimentary paste deficient in egg solids had been substituted wholly or in part for egg alimentary paste, which the article purported to be; (3) in that inferiority had been concealed by the addition of artificial color; (4) in that artificial color had been added thereto or mixed or packed therewith so as to make it appear better or of greater value than it was; and (5) in that it contained coal-tar color other than one from a batch that had been certified in accordance with regulations as provided by law. The lots located at Philadelphia were also alleged to be misbranded in that the name "Egg Fusilli," appearing on the label, was false and misleading as applied to an alimentary paste deficient in egg solids and artificially colored. The lot located at Indiana, Pa., was alleged to be misbranded in that the statement "Guaranteed to comply with State and Federal Pure Food Laws" was false and misleading as applied to a filthy product prepared under insanitary conditions. It was alleged to be misbranded further in that the statement "Manufactured by Indiana Macaroni Co., Inc., Indiana, Pa.," was false and misleading since the article was manufactured by the Vittoria Macaroni Co., Maspeth, N. Y. Between April 20, 1943, and August 2, 1943, no claimant having appeared, judgments of condemnation were entered. One of the lots located at Philadelphia, Pa., was ordered distributed to a charitable institution. The remaining lots were ordered destroyed. 5116. Misbranding of spaghetti and macaroni dinners. ghetti Dinner and 24 Cases of Macaroni Dinner. demnation and destruction. (F. D. C. No. 9870. 23268-F, incl.) U. S. v. 84 Cases of Spa- The packages labeled "Spaghetti Dinner" contained ingredients that were short of the declared weight, and both ingredients in the package labeled “Macaroni Dinner" were short-weight and deceptively packaged. On April 28, 1943, the United States attorney for the District of New Jersey filed a libel against 84 cases of Spaghetti Dinner and 24 cases of Macaroni Dinner at Trenton, N. J., alleging that the articles had been shipped in interstate commerce on or about March 25, 1943, by the Kurtz Brothers Corporation from Bridgeport, Pa.; and charging that they were misbranded. The articles were labeled in part: "Kurtz King Brand Complete Spaghetti Dinner," or "Magic Chef Spaghetti [or "Macaroni"] Dinner." * * The articles were alleged to be misbranded in that the statements (outer package of Kurtz King Brand Spaghetti Dinner), “Grated Cheese * Net Weight Ounce Spaghetti * * Net Weight 8 Ozs.," (inner spaghetti cartons) "Net Weight 8 Ounces," (outer packages of Magic Chef Spaghetti dinner) "Spaghetti * * * Net Weight 8 Ozs. * Cheese * Net Weight Oz.." (outer packages of Magic Chef Macaroni Dinner) "6 Ozs. Semolina Macaroni * * * 14 Oz. Grated Cheese," (envelopes containing macaroni) "Net Weight 6 Ounces," and (envelopes containing cheese) "Net Weight 14 Oz.," were false and misleading as applied to articles that were short weight. They were alleged to be misbranded further in that they were in package form and failed to bear labels containing accurate statements of the quantity of the contents. The Magic Chef Macaroni Dinner was alleged to be misbranded further in that its container was so filled as to be misleading, since the envelopes of macaroni and cheese occupied only 62 percent of the volume of the carton. On June 4, 1943, no claimant having appeared, judgment of condemnation was entered and the products were ordered destroyed. BAKERY PRODUCTS Νο 5117. Adulteration of bread. U. S. v. Edward W. Mootz (E. W. Mootz Bakery). Plea of nolo contendere. Defendant placed on probation for 1 year. fine imposed. (F. D. C. No. 9621. Sample Nos. 24292-F, 24365-F, 24397-F, 24399-F.) This product contained rodent hair fragments and insect fragments. On May 15, 1943, the United States attorney for the Southern District of West Virginia filed an information against Edward W. Mootz, trading as E. W. Mootz Bakery at Huntington, W. Va., alleging shipment within the period from on or about November 10, 1942, to January 8, 1943, from the State of West Virg into the States of Kentucky and Ohio of a quantity of bread that was adulter in that it consisted in whole or in part of a filthy substance, and in that it been prepared under insanitary conditions whereby it may have become taminated with filth. The article was labeled in part: "Mootz's Butereg Bre or "Honey Crushed Wheat Bread." On May 24, 1943, the defendant having entered a plea of nolo contendere, court placed the defendant on probation for 1 year and imposed no fine. 5118. Adulteration and misbranding of ice box cookies. U. S. v. 46 Cases Cases and 1 Case of Ice Box Cookies (and 2 other seizures of ice cookies). Default decrees of condemnation and destruction. (F. I Nos. 9240, 10446, 10757. Sample Nos. 12070-F, 12071-F, 43337-F, 4343 56423-F.) Two lots of this product were adulterated by reason of insect infestation, on them was misbranded because of an inconspicuous declaration of weight and gredients. The third lot was short weight. In two of the lots the product labeled to indicate that it was a dietary food, but its label failed to bear information regarding its vitamin and mineral properties required by the r lations. On or about January 29, August 20, and September 18, 1943, the United St attorneys for the Western District of Washington, the District of New Jersey, the District of Kansas filed libels against 71 cases or ice box cookies at Sea Wash., 55 cartons of the product at Newark, N. J., and 371 cartons at Kan City, Kans., alleging that the article had been shipped in interstate comm within the period from on or about August 6, 1942, to May 12, 1943, by the Kur holm Baking Co., from Chicago, Ill.; and charging that it was adulterated and misbranded. The product in 2 of the lots was labeled in part: (Carton) "Kur holm Ice Box Cookies," (package) "Vitamin B, and Important Minerals have b added." The remaining shipment was labeled in part: "Delicious Ice 1 Cookies." The lots located at Kansas City, Kans., and Newark, N. J.. were alleged to adulterated in that they consisted in whole or in part of filthy substances reason of the presence of insect contamination. The lots located at Kansas City, Kans., and Seattle, Wash., were alleged to misbranded (1) in that the article purported to be and was represented as a f for special dietary uses by reason of its vitamin B, and mineral content, and label failed to bear such information concerning its vitamin and mineral prop ties as had been determined to be, and by regulations prescribed as, necessary order fully to inform purchasers as to its value for such uses, since its label not state the proportion of the minimum daily requirements of vitamin B1 c tained in a specified quantity of the food which is customarily or usually consum during a period of 1 day; and (2) since its label did not bear a statement the minerals contained in the article, as required by the regulations, or the p portions of the minimum daily requirements for each mineral supplied by su food. The lot located at Seattle, Wash., was alleged to be misbranded further that the following statements "Net Wt. 8 Oz.," or "Net Wt. 3% Oz.," or "Net Wt. Oz.," borne on the various sized packages, were false and misleading as applied the article, since it was short of the declared weight, and (3) in that it was package form and did not bear a label containing an accurate statement of t quantity of the contents. The lot located at Kansas City, Kans., was alleged to misbranded further in that the statements of the quantity of the contents a the ingredient list, required by the act to appear on the label, were not pron nently placed thereon with such conspicuousness (as compared with other word statements, designs, or devices in the labeling) as to render them likely to read by the ordinary individual under customary conditions of purchase and us On July 13, September 18, and November 29, 1943, no claimant having appeare judgments of condemnation were entered and the product was ordered destroye 5119. Misbranding of cookies. U. S. v. 22 Cartons of Cookies. Default decree condemnation and destruction. (F. D. C. No. 10030. Samples Nos. 3345245208-F.) On June 1, 1943, the United States attorney for the District of New Jersey fil a libel against 22 cartons of cookies at Jersey City, N. J., alleging that the artic had been shipped in interstate commerce on or about May 11, 1943, by the Loos Wiles Biscuit Co. from Long Island City, N. Y.; and charging that it was mi branded. The article was labeled in part: (Tag on tins) "Sunshine Fancy A sortment A delicious assortment of tempting cookies * Net Weight 21 Lbs.," (bottom of tin) "Assorted Biscuits Net Weight 2 Lbs. 8 Ozs." 串 The article was alleged to be misbranded in that the statements "Net Weight 21⁄2 Lbs.," and "Net Weight 2 Lbs. 8 Ozs.," were false and misleading since the packages contained less than the declared weight. It was alleged to be misbranded further in that it was in package form and failed to bear a label containing an accurate statement of the quantity of the contents. On August 25, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. CORN MEAL AND FLOUR 5120. Adulteration of corn meal. U. S. v. 142 Bags of Corn Meal. Default decree of condemnation and destruction. (F. D. C. No. 9859. Sample Nos. 41368-F, 41369-F.) This product was stored under insanitary conditions after shipment in interstate commerce and when examined rodent pellets were found on the bags, many of the bags had been chewed by rodents, and live weevils were observed on the outside of the bags. Examination of the meal showed that it contained beetles, larvae, and insect fragments, and that one lot contained rodent hair fragments. On April 23, 1943, the United States attorney for the Eastern District of Louisiana filed a libel against 142 96-pound bags of corn meal at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about December 5, 1942, and January 16, 1943, from St. Joseph, Mo., and that it was in possession of Witherspoon Bros.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance, and in that it had been held under insanitary conditions whereby it may have become contaminated with filth. The article was labeled in part: "Sea Breeze Cream Corn Meal." On June 10, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5121. Adulteration of flour. U. S. v. 45 Bags of Flour and 15 Bags of Flour. Consolidated decree of condemnation. (F. D. C. Nos. 9821, 9822. Sample Nos. 20081-F, 20082-F.) This product was stored under insanitary conditions after shipment in interstate commerce. Rodent pellets and what appeared to be urine stains were found on the bags. Examination of the samples confirmed the presence of urine on the bags and the flour directly beneath the stained portion. On April 19, 1943, the United States attorney for the District of Massachusetts filed libels against a total of 60 bags of flour at Boston, Mass., alleging that the article had been shipped in interstate commerce within the period from on or about October 30, 1942, to February 15, 1943, from Island City, Oreg., and Mt. Vernon and Loudonville, Ohio, and that it was in possession of Betty Alden Products, Inc.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance, flour contaminated with rodent urine, and in that it had been held under insanitary conditions whereby it may have become contaminated with filth. The article was labeled in part: "B. W. Pie All Purpose Pastry Flour," "Blue Ribbon," "White Spear Pastry," "Silver Spike," or "State House Brand Fancy Pastry Flour." On May 6, 1943, the Betty Alden Products, Inc., claimant, having admitted the allegations of the libel, and the cases having been consolidated, judgment of condemnation was entered and the product was ordered released under bond for segregating and destroying the bad portion under the supervision of the Food and Drug Administration. 5122. Adulteration of flour. U. S. v. 112 Bags of Wheat Flour. Consent decree of condemnation. Product ordered released under bond for denaturing. (F. D. C. No. 9751. Sample No. 23255-F.) This product was stored under insanitary conditions. Mouse pellets were found on all the bags. Some bags had been gnawed by mice and contained urine stains, and flour removed from a gnawed bag was found to contain a large number of rodent pellets. On or about April 7, 1943, the United States attorney for the District of New Jersey filed a libel against 112 bags of wheat flour at Trenton, N. J., in the possession of the Original Trenton Cracker Co., alleging that the article had been shipped in interstate commerce on or about October 22, 1942, from Buffalo, N. Y.; and charging that it was adulterated in that it consisted in whole or in part of filthy substances, mouse pellets and urine-stained flour, and in that it had been held under insanitary conditions whereby it may have become contaminated with filth. |