On May 4, 1943, the Kroger Grocery and Baking Co. of Cincinnati, Ohio, claimant, having admitted the allegations of the libel, Judgment of condemnation was entered and the product was ordered released under bond for salvaging by separating the fit portion from the unfit portion, and destruction of the latter, under the supervision of the Food and Drug Administration.

MISCELLANEOUS SACCHARIN PRODUCTS

5139. Misbranding of honey and peanut butter. U. S. v. H & M Packing Co., Inc. Plea of guilty. Fine, $1,000. (F. D. C. No. 9667. Sample Nos. 17057-F, 18547-F.)

On November 24, 1943, the United States attorney for the Eastern District of New York filed an information against the H & M Packing Co., Inc., at Brooklyn, N. Y., alleging (1) that the defendant, on or about February 18, 1943, shipped from Brooklyn, N. Y., to Worcester, Mass., and caused to be shipped from Worcester, Mass., back to Brooklyn, N. Y., a quantity of honey; and (2) that the defendant on or about March 13, 1943, shipped from Brooklyn, N. Y., to Asbury Park, N. J., a quantity of peanut butter. The articles were labeled in part: (Cases) "12 3 lbs.," and (jars) "Alice Lee Honey 3 lbs. Distributed by New England Grocer Supply Co. Worcester, Massachusetts," or "Champion Brand Peanut Butter * Net Wt. 1 Lb."

The honey was alleged to be misbranded in that the statement "3 lbs" borne on the cases and jars was false and misleading since the jars did not contain 3 pounds of honey but contained a smaller amount. The peanut butter was alleged to be misbranded in that the statement "Net Wt. 1 lb." borne on the jar was false and misleading since the jars did not contain 1 pound net weight of peanut butter but contained a smaller amount. Both products 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, since the statements borne on the labels were incorrect.

On January 12, 1944, a plea of guilty having been entered on behalf of the Cefendant corporation, the court imposed a fine of $1,000.

5140. Misbranding of honey, U. S. v. 29 Cartons of Honey. Default decree of condemnation and destruction. (F. D. C. No. 9386. Sample No. 20204–F.) On February 18, 1943, the United States attorney for the District of Massachusetts filed a libel against 29 cartons, each containing 12 3-pound jars, of honey at Worcester, Mass., alleging that the article had been shipped in interstate commerce on or about January 5, 1943, by the H & M Packing Co., Inc.; from Brooklyn, N. Y.; and charging that it was misbranded in that the label statement "3 lbs." was false and misleading as applied to an article that was short-weight, and in that it was in package form and failed to bear a label containing an accurate statement of the quantity of the contents. The article was labeled in part: (Jars) “Alice Lee Honey 3 Lbs. Distributed by New England Grocer Supply Co. Worcester, Massachusetts."

On April 5, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. It was delivered to a charitable institution by the marshal.

5141. Misbranding of honey. U. S. v. 11 Cases of Honey. Default decree of condemnation. Product ordered delivered to a welfare organization. (F. D. C. No. 9883. Sample No. 44838-F.)

This product was short-weight.

On or about May 5, 1943, the United States attorney for the District of New Jersey filed a libel against 11 cases, each containing 24 jars, of honey at Long Branch, N. J., alleging that the article had been shipped in interstate commerce on or about April 7, 1943, by Safe Owl Products, Inc., from Brooklyn, N. Y.; and charging that it was misbranded. The article was labeled in part: (Jars) "King Bee Brand Pure Honey Net Weight 4 Ozs."

The article was alleged to be misbranded in that the statement "Net Weight 4 Ozs." was false and misleading as applied to an article that was short weight 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 21, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a charitable institution.

5142. Misbranding of honey. U. S. v. 168 Cases of Honey. Consent decree of condemnation. Product ordered released under bond for repacking. (F. D. C. No. 9882. Sample No. 44306-F.)

This product was short-weight.

On or about May 6, 1943, the United States attorney for the District of New Jersey filed a libel against 168 cases, each containing 24 jars, of honey at Newark, N. J., alleging that the article had been shipped in interstate commerce on or about April 2, 1943, by Silver Hill Products, Inc., from New York, N. Y.; and charging that it was misbranded. The article was labeled in part: (Jars)

"Silver Hill Imported Honey Net Wt. 1 Lb."

The article was alleged to be misbranded in that the statement "Net Wt. 1 Lb." was false and misleading as applied to an article that was short-weight, 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 23, 1943, Silver Hill Products, Inc., having appeared as claimant, having admitted the allegations of the libel, and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for filling the jars, under the supervision of the Food and Drug Administration, so that they would contain the 1 pound of the product as declared on the label.

5143. Misbranding of honey butter. U. S. v. 5 Cartons of Honey Butter. Default decree of condemnation. Product ordered delivered to a welfare organization. (F. D. C. No. 9795. Sample No. 45142–F.)

This product was short-weight, and analysis showed it to be whipped honey containing no butterfat or milk solids.

On April 27, 1943, the United States attorney for the Southern District of New York filed a libel against 5 cartons of honey butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about March 22, 1943, by Merit Food Products from Hackensack, N. J.; and charging that it was misbranded. The article was labeled in part: (Jars) "Sun Valley Farms Honey Butter * * . E. A. Dreher, Jr. Distributor * * Newark, N. J." The article was alleged to be misbranded in that the name "Honey Butter” was false and misleading as applied to whipped honey containing no butter, since mixtures of honey and butter have been found on the market under the name "Honey Butter." It was alleged to be misbranded further in that the statement "1 Lb.," appearing on the label, was false and misleading as applied to an article that was short-weight, 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 May 5, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. On May 13, 1943, an amended decree was entered ordering that samples be delivered to the Food and Drug Administration and that the remainder be delivered to a welfare organization. 5144. Adulteration of Cerelose. U. S. v. 56 Sacks of Cerelose. Consent decree of condemnation. Product ordered released under bond to be mixed and disposed of as stock feed. (F. D. C. No. 9854. Sample No. 11106-F.)

This product had been stored under insanitary conditions after shipment in Interstate commerce.

On April 23, 1943, the United States attorney for the Northern District of California filed a libel against 56 100-pound sacks of Cerelose (dextrose sugar) in possession of Fluhrer's Bakeries, at Eureka, Calif., alleging that the article had been shipped in interstate commerce on or about December 16, 1941, and January 6, 1942, from Kansas City, Mo.; and charging that it was adulterated in that it consisted wholly or in part of filthy substances, rodent hairs, rodent pellets, and urine, and in that it had been held under insanitary conditions whereby it may have become contaminated with filth.

On June 18, 1943, Fluhrer's Bakeries, Eureka, Calif., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be brought into conformity with the law under the supervision of the Food and Drug Administration. The product was mixed with barley and disposed of as stock feed.

5145. Misbranding of “Swee-Teen." U. S. v. 15 Cases of "Swee-Teen." Consent decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 9811. Sample Nos. 7397-F, 8696-F.)

This product was a mixture of gelatinized starch with small amounts of sodium bicarbonate salt, and tartaric acid. When used as directed it would produce invert sugar, but would not act as a sugar saver.

On April 24, 1943, the United States attorney for the Northern District of Illinois filed a libel against 15 cases of an article labeled in part "Swee-Teen" at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about April 9, 1943, by the Minnesota Beverage Supply Company from Minneapolis, Minn.; and charging that it was misbranded. The shipment consisted of goods that had been returned to the original shipper, National Food Products, Chicago, Ill.

It was alleged to be misbranded in that the statements in the labeling "SweeTeen' A pure food invert sugar powder. To save 30% sugar. To make 45% More Sweetening. For Invert Sugar Syrup at 42c per lb. Each lb. Makes 200 lbs. Extra Sweetening. * * * 1 lb. of 'Swee-Teen', 500 lbs. of sugar and 250 lbs. of water make over 720 lbs. of 'Swee-Teen' Invert Sugar Syrup," were false and misleading as applied to an article which was not a sweetening ingredient and would not replace sugar.

On May 27, 1943, M. R. Wetherholt and Lawrence Hedrick, trading as National Food Products, having appeared as claimants 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.

DAIRY PRODUCTS

BUTTER

5146. Adulteration of butter. U. S. v. 2,626 Pounds of Butter.

Consent decree

of condemnation. Product ordered released under bond for conversion into butter oil. (F. D. C. No. 10037. Sample No. 48024–F.)

This product contained mold.

On May 19, 1943, the United States attorney for the Southern District of. Ohio filed a libel against 2,626 pounds of butter at Cincinnati, Ohio, which had been consigned on or about May 13, 1943, alleging that the article had been shipped in interstate commerce by the Farmers Producers Ass'n from Crawfordsville, Ind.; and charging that it was adulterated in that it consisted in whole or in part of a filthy or decomposed animal substance. The article was labeled in part: "Albers Patsy Ann Brand Creamery Butter Distributed by Albers Super Markets, Inc., Cincinnati, Ohio."

On June 11, 1943, the Farmers Producers Ass'n, 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 conversion into butter oil under the supervision of the Food and Drug Administration.

5147. Adulteration of butter. U. S. v. 10 Cases and 10 Cases of Butter. Decrees of condemnation. Product ordered released under bond for segregation of the inedible portion and its disposition for non-food purposes. (F. D. C. Nos. 10040, 10042. Sample Nos. 6700-F, 6717-F, 6718-F, 6720-F.) On May 12, 1943, the United States attorney for the Western District of Tennessee filed libels against a total of 20 cases of butter at Memphis, Tenn., alleging that the article had been shipped in interstate commerce on or about March 25 and April 1, 1943, by the Central Kansas Cooperative Creamery Association from Hillsboro, Kans.; and charging that it was adulterated in that it consisted in whole or in part of a moldy, cheesy, and rancid substance, rendering it unfit for food.

On June 5, 1943, the Klinke Bros. Dairy, Memphis, Tenn., having appeared as claimant and having admitted the allegations of the libels, judgments of condemnation were entered and the product was ordered released under bond for separation of the edible portion from the inedible portion, and disposition of the latter for non-food purposes.

5148. Adulteration of butter. U. S. v. 12 Cases of Butter. Default decree of condemnation. Product ordered converted into inedible grease and disposed of for war purposes. (F. D. C. No. 10041. Sample Nos. 6709-F, 6714-F.)

On May 12, 1943, the United States attorney for the Western District of Tennessee filed a libel against 12 cases, each containing 32 1-pound rolls, of butter at Memphis, Tenn., alleging that the article had been shipped in interstate commerce on or about April 1, 1943, by the Jerpe Dairy Products Corp. from Fayetteville, Ark.; and charging that it was adulterated in that it consisted in whole or in part of a cheesy and putrid substance. The article was 592689 44- 2

labeled in part: (Cases) "OL' FASHUND ROLL FINEST CREAMERY BUTTER WILSON & COMPANY DISTRIBUTORS."

On June 21, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a firm, designated by the War Production Board, in order that it be converted into inedible grease for use in the war program.

5149. Adulteration of butter. U. S. v. 12 Boxes and 30 Boxes of Butter.

Default

decree of condemnation with respect to 1 lot and the product ordered delivered to fat salvage unit. All but 2 boxes of remaining lot delivered to fat salvage unit, subsequently the remaining 2 boxes condemned and ordered destroyed. (F. D. C. Nos. 8446, 8447. Sample Nos. 15370-F to 15372-F, incl.) This product contained insect parts, rodent hair, plant fibers and nondescript dirt.

On August 29, 1942, the United States attorney for the District of Nevada filed libels against 42 boxes of butter, each containing 30 individual 1-pound prints, at Las Vegas, Nev., alleging that the article had been shipped in interstate commerce on or about August 20, 1942, by the Nelson-Ricks Creamery Co. from Salt Lake City, Utah; 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: "Banquet Better Butter Banquet Better Foods, General Offices, Salt Lake City, Utah," or "Table Queen Creamery Butter."

*

On November 4, 1942, no claimant having appeared in the first action, judgment of condemnation was entered and the product that was seized was ordered delivered to the local fat salvage unit. On April 9, 1943, the 30 boxes of butter involved in the remaining action having become moldy and rancid, the claimant, the Nelson-Ricks Creamery Co., and the United States attorney entered into a stipulation providing for the delivery of all but 2 boxes to the fat salvage unit. On June 14, 1943, the claim and answer of the Nelson-Ricks Creamery Co. having been withdrawn, a judgment of condemnation was entered and the remaining 2 boxes were ordered destroyed.

5150. Adulteration of butter. U. S. v. 22 Cases of Butter, (and 6 additional seizure actions against butter). Decrees of condemnation. Six of the lots ordered released under bond, 3 to be reworked and 3 to be manufactured into butter oil. One lot ordered sold to highest bidder, to be denatured and used for technical war purposes. (F. D. C. Nos. 10226, 10229, 10235, 10293, 10296, 10300, 10481. Sample Nos. 9620-F, 32539–F, 33828-F, 38905-F, 41309-F; 43202-F, 43204-F, 43206-F, 46346–F.) Portions of this product contained mold. Other portions were low in milk fat. Between June 23, and August 3, 1943, the United States attorneys for the Southern District of Alabama, the Southern District of Iowa, the Middle District of Pennsylvania, the Northern District of Ohio, the Northern District of Illinois, and the Eastern District of North Carolina filed libels against 30 cases of butter at Mobile, Ala., 383 cubes, 154 cartons, and 20 tubs of butter at Atlantic, Iowa, 10 cases, 22 pounds of butter at Elkland, Pa., 65 cases of butter at Cleveland, Ohio, 21% cartons of butter at Chicago, Ill., and 19 cases at Rocky Mount, N. C., alleging that the article had been shipped in interstate commerce within the period from on or about May 21 to July 19, 1943, by Swift & Company from West Point, Miss., Omaha, Nebr., Elmira, N. Y., Keokuk, Iowa, and Lexington, Ky.; and charging that it was adulterated. Portions of the article were labeled in part: "Swift's Brookfield Butter," "Butter Meadowland Creamery Distributors, Chicago," "Waverly Brand Creamery Butter Manufactured by Waverly Butter & Egg Co., Waverly, N. Y.," or "Glenwood [or "Southern Belle" or "Cresta"] Creamery Butter."

Portions of the article were alleged to be adulterated in that it consisted in whole or in part of a filthy and decomposed substance. The remainder was alleged to be adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter.

Within the period from July 3 to September 8, 1943, decrees of condemnation were entered. No claim having been entered for the lot located at Elkland, Pa., the product was ordered sold on condition that it be denatured and used for technical war purposes. Swift & Co. having appeared as claimant in the other actions, the product was ordered released under bond on condition that it be disposed of in compliance with the law. The lots that were low in milk fat

were reworked and the lots that contained mold were converted into refined butter oil.

Nos. 5151 to 5167 (also No. 5150) report actions involving butter that was below the legal standard for milk fat.

5151. Adulteration of butter. U. S. v. 650 Boxes of Butter. Consent decree of condemnation. Product ordered released under bond for segregation and reworking of the portion low in milk fat. (F. D. C. No. 10154. Sample Nos. 45091-F, 45094-F, 45095-F.)

On or about June 14, 1943, the United States attorney for the District of New Jersey filed a libel against 650 boxes of butter at Jersey City, N. J., alleging that the article had been shipped in interstate commerce on or about May 3, 1943, by the Dairy Products Marketing Association, Inc., from Columbus, Ind.; and charging that it was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter. The article was labeled in part: "Butter * * * Farmers Marketing Ass'n Columbus, Indiana"

On August 4, 1943, the Farmers Marketing Association, claimant, having admitted that the product, at least in part, was in violation of the law and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for segregation according to churn numbers, the release of all portions that complied with the fat standard, and the reworking of the remainder under the supervision of the Food and Drug Administration.

5152. Adulteration of butter.

U. S. v. 13 Cubes of Butter. Decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 10802. Sample No. 11538-F.) On August 28, 1943, the United States attorney for the Northern District of California filed a libel against 13 cubes of butter at San Francisco, Calif., alleging that the article had been shipped in interstate commerce on or about August 14, 1943, by the Blue Bonnet Creamery from Perryton, Tex.; and charging that it was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter. The article was labeled in part: "Made by Wellington Creamery Wellington, Texas."

On September 14, 1943, O. Casperson & Sons of San Francisco, Calif., having appeared as claimant, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administrtaion.

5153. Adulteration of butter. U. S. v. 21 Boxes of Butter. Decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 10760. Sample No. 11533-F.)

On August 18, 1943, the United States attorney for the Northern District of California filed a libel against 21 boxes, each containing 64 pounds, of butter at San Francisco, Calif., alleging that the article had been shipped in interstate commerce on or about July 30, 1943, by the Sherman Produce Co., from Sioux City, Iowa; and charging that it was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter.

On September 3, 1943, the P. Lerner Company of San Francisco, Calif., having appeared as claimant, judgment of condemnation was entered and the product was ordered released under bond to be reworked under the supervision of the Food and Drug Administration.

5154. Adulteration of butter.

U. S. v. 14 Cubes of Butter. Decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 10773. Sample Nos. 43544-F, 43546-F.)

On or about August 30, 1943, the United States attorney for the Western District of Missouri filed a libel against 14 cubes, each containing 63 pounds, of butter at Kansas City, Mo., alleging that the article had been shipped in interstate commerce on or about August 16, 1943, by the Shawnee County Creamery from Topeka, Kans. ; and charging that it was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter.

On September 9, 1943, the Harding Cream Co., Division of Sugar Creek Creamery, of Kansas City, Mo., 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 reworking under the supervision of the Food and Drug Administration.