MISCELLANEOUS DAIRY PRODUCTS

5177. Adulteration of cream. U. S. v. 5 10-Gallon Cans of Cream (and 10 additional seizure actions against cream). Consent decrees of condemnation. Product ordered churned and the fat salvaged for war purposes. (F. D. C. Nos. 9969 to 9979, incl. Sample Nos. 15269-F, 15272-F, 15274-F, 15276-F, 15280-F, 15974-F to 15977-F, incl., 15981-F, 15987-F, 15988-F, 36028-F, 36032-F, 36035-F, 36039-F, 36040-F, 36042-F, 36102-F, 36103-F, 36107-F, 36109-F, 36116-F, 36118-F to 36120-F, incl.)

On April 5 and 8, 1943, the United States attorney for the District of Colorado filed 11 libels against a total of 52 10-gallon cans of cream at Denver, Colo., alleging that the article had been shipped in interstate commerce within the period from on or about March 26 to April 1, 1943, in various quantities by the St. Francis Equity Creamery Co., from St. Francis, Kans.; Kittle Bros., from Maxwell, Nebr.; L. M. Strickler, from Wheatland, Wyo.; the Bird City Produce Co., from Bird City, Kans.; A. L. Bangert, from Big Springs, Nebr.; E. Cords, from Potter, Nebr.; Martin Nielsen, from Grant, Nebr.; C. W. Altig, from Imperial, Nebr.; Hansie Johnson, from Champion, Nebr.; Wendell Hobson, from Wheatland, Wyo.; Bessie Knight, from Benkelman, Nebr.; E. J. Meehan, from Sidney, Nebr.; Mattie Rose, from Madrid, Nebr.; Esther Ungles, from Trenton, Nebr.; the Cooperative Union Mercantile Co., from Blackwolf, Kans.; Fred J. Toll, from Sharon Springs, Kans.; Bert Smith, from York, Nebr.; Ed Lothrop, from Goodland, Kans.; Frank Kalous, from Sumner, Nebr.; the Klein Produce Co., from Goodland, Kans.; Ray E. Stires, from Atwood, Kans.; and John Merrill, from Ogallala, Nebr. The article was alleged to be adulterated in that it consisted in whole or in part of a filthy, decomposed, and putrid animal substance. On April 5 and 8, 1943, the consignees having consented to the entry of decrees, judgments of condemnation were entered and it was ordered that the United States marshal have the cream churned and sold for its fat content and disposed of for war purposes.

5178. Adulteration of ice cream. U. S. v. Beatrice Creamery Co. (Meadow Gold Dairies). Plea of guilty. Fine, $3,000. (F. D. Č. No. 9650. Sample Nos. 15782-F to 15784-F, incl., 15938-F, 36004-F, 36006-F.)

This product contained insect fragments, rodent hair fragments, feather barbules, and hair fragments resembling rodent or cat hairs.

On June 9, 1943, the United States attorney for the District of Colorado filed an information against the Beatrice Creamery Co., a corporation, trading at Denver, Colo., under the name Meadow Gold Dairies, alleging shipment within the period from on or about February 19 to 22, 1943, from the State of Colorado into the States of Wyoming and Kansas of quantities of ice cream that was adulterated in that it consisted in whole or in part of filthy substances, and in that it had been prepared under insanitary conditions whereby it may have become contaminated with filth. A portion of the article was labeled in part: "Smooth-Freeze Meadow Gold Ice Cream."

On June 19, 1943, a plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $750 on each of the 4 counts contained in the information, a total of $3,000.

5179. Adulteration of an article labeled in part "Victory Spread." U. S. v. 4 cartons of an article labeled in part "Victory Spread" (and 3 additional seizure actions against "Victory Spread"). Default decrees of condemnation. One lot ordered destroyed; remaining lots ordered delivered to soap factories for salvaging for industrial uses. (F. D. C. Nos. 9705, 9726, 9727, 9736. Sample Nos. 17444-F, 20207-F, 44933-F, 44934-F.)

Within the period from March 12 to 20, 1943, the United States attorneys for the District of Massachusetts and the District of New Jersey filed libels against the following 16-pound cartons of Victory Spread: 4 cartons at Somerville, Mass., 94 cartons at Union City, N. J., 8 cartons at Passaic, N. J., and 8 cartons at Bayonne, N. J. It was alleged that the article had been shipped in interstate commerce on or about March 3 and 5, 1943, by Breakstone Bros., Inc., from New York, N. Y.; and charged that it was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter, and in that water and air had been added thereto or mixed therewith so as to increase its bulk or weight, reduce its quality, or make it appear better or of greater value than it was. The article was labeled in part: "Breakstone's Victory Spread Ingredients: A Delicious Dairy Product containing butter fat 70%, Moisture 29%, Milk Solids 1%."

On April 26, 1943, no claimant having appeared for the lot located at Somerville, Mass., judgment of condemnation was entered and the product was ordered destroyed. (It was delivered to a charitable organization.) On June 30, 1943, no claimant having appeared for the lots located at Union City, N. J., Passaic, N. J., and Bayonne, N. J., judgments of condemnation were entered and the product was ordered delivered to a soap factory for salvage purposes.

EGGS

5180. Adulteration of eggs. U. S. v. 139 Cases of Eggs. Consent decree of condemnation. Product ordered destroyed. (F. D. C. No. 9947. Sample No. 3291-F.)

On or about May 26, 1943, the United States attorney for the District of Kansas filed a libel against 139 cases, each containing 30 dozen eggs, at Kansas City, Kans., alleging that the article had been shipped in interstate commerce on or about May 5, 1943, by Glenn C. Roberts from Kansas City, Mo.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance.

On May 28, 1943, Glenn C. Roberts of Kansas City, Kans., claimant, having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered destroyed.

5181. Adulteration and misbranding of dried whole eggs. U. S. v. 1 Barrel of Powdered Whole Egg. Default decree of condemnation and destruction. (F. D. C. No. 9917. Sample No. 45148-F.)

On May 12, 1943, the United States attorney for the Eastern District of New York filed a libel against 1 barrel containing 200 pounds of powdered whole egg at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about March 18, 1943, by the Eire Thomas Pie Co. from Toledo, Ohio; 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 decomposed substance.

It was alleged to be misbranded in that it purported to be and was represented · as dried whole eggs, a food for which a definition and standard of identity had been prescribed by regulations promulgated pursuant to law, and it failed to conform to such definition and standard since the article was not dried whole eggs but a mixture of spray-dried yolk and powdered egg albumen.

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

5182. Adulteration of dried whole eggs. U. S. v. 10 Barrels of Dried Whole Eggs. Default decree of condemnation and destruction. (F. D. C. No. 9869. Sample No. 33451-F.)

On or about April 30, 1943, the United States attorney for the District of New Jersey filed a libel against 10 barrels of dried whole eggs at Newark, N. J., alleging that the article had been shipped in interstate commerce on or about February 10 and 18, 1943, by Haug & Co., Inc., from New York, N. Y.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance.

On August 25, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5183. Adulteration and misbranding of Eggine. U. S. v. 30 Dozen Envelopes and 45 Dozen Packages of Eggine. Default decree of condemnation and destruction. (F. D. C. No. 9867. Sample No. 14767–F.)

This product consisted essentially of cornstarch, dried casein, baking soda, and artificial color. It purported to take the place of eggs in baking and cooking, but had none of the characteristic properties of eggs.

On April 27, 1943, the United States attorney for the Southern District of California filed a libel against 30 dozen envelopes and 45 dozen packages of Eggine at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about January 19 and February 2, 1943, by Chas. T. Morrissey & Co. from Chicago, Ill.; and charging that it was adulterated and misbranded. The article was alleged to be adulterated in that inferiority had been concealed by the addition of artificial color, and 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.

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It was alleged to be misbranded in that the following statements and designs in the labeling were false and misleading as applied to an article that had none of the characteristic properties of eggs: (Envelopes and 4-ounce packages) "Eggine * * Use the Same Way as Eggs For Baking and Cooking Complies With The Pure Food Law," (circular in envelopes) "Eggine Used for BaKing and Cooking Same As Eggs It can, in fact, be used instead of eggs in practically all kinds of cooking and baking," (display card, bearing the design of a hen and egg, enclosed in carton of 12 4-ounce packages) "Eggine Egg Substitute Used the Same as Eggs for Baking And Cooking 25¢ Can Takes the Place of 3 Doz. Always Fresh * Very Economical Eggs Less than 9e a Doz.," (display sheet enclosed in display cartons) "Eggine Used the Same as Eggs in Baking and Cooking * Always Fresh and Reliable."

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It 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.

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

FISH AND SHELLFISH

CANNED FISH

5184. Adulteration of canned salmon. U. S. v. 316 Cases of Canned Salmon. Decree of condemnation, Product ordered released under bond for segregation and destruction of the unfit portion. (F. D. C. No. 9902. Sample No. 19626-F.)

On May 7, 1943, the United States attorney for the District of Massachusetts filed a libel against 316 cases, each containing 48 cans, of salmon at Boston, Mass., alleging that the article had been shipped in interstate commerce on or about February 9, 1943, by Whitney & Co. from Seattle, Wash.; 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) "Golden Shore Brand

Alaska Salmon."

On July 12, 1943, Whitney & Co. 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 segregation and destruction of the decomposed portion, under the supervision of the Food and Drug Administration.

FRESH FISH

5185. Adulteration of haddock fillets. U. S. v. 15 Barrels of Haddock Fillets. Default decree of condemnation and destruction. (F. D. C. No. 9960. Sample No. 21847-F.)

On May 17, 1943, the United States attorney for the Western District of Pennsylvania filed a libel against 15 barrels, each containing 5 20-pound cartons, of haddocks fillets at Pittsburgh, Pa., alleging that the article had been shipped in interstate commerce on or about May 10, 1943, by the Cape Ann Fisheries, Inc., from Gloucester, Mass.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance.

On July 1, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5186. Adulteration of ocean pout fillets. U. S. v. 462 Pounds of Ocean Pout Fillets. Default decree of condemnation. Product ordered sold for manufacture into poultry feed. (F. D. C. No. 9906. Sample Nos. 42230-F, 42263-F.)

On or about May 10, 1943, the United States attorney for the Southern District of Ohio filed a libel against 462 pounds of ocean pout fillets at Dayton, Ohio, which had been consigned on or about April 27, 1943, alleging that the article had been shipped in interstate commerce by the Wamsutta Fillet Corporation from New Bedford, Mass.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance, parasitized and diseased ocean pout fillets, and in that it was in whole or in part the product of diseased animals.

On June 10, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered sold to a poultry feed company to be made into poultry feed.

FROZEN FISH

5187. Adulteration of frozen garfish fillets. U. S. v. 89 Cartons of Garfish Fillets. Default decree of condemnation and destruction. (F. D. C. No. 9948. Sample Nos. 44865-F, 44866-F.)

On May 14, 1943, the United States attorney for the Eastern District of New York filed a libel against 89 cartons of frozen garfish fillets at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about April 14, 1943, by the Louisiana Shrimp Co. from New Orleans, La.; 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: "Garfish Fillet Packed For Atlas Foods NY."

On August 18, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5188. Adulteration and misbranding of frozen ocean pout Allets. U. S. v. 372 15-Pound Boxes and 426 20-Pound Boxes of Pout Fillets. Default decree of condemnation and destruction. (F. D. C. No. 9942. Sample No. 46308-F.) Examination of this product showed the presence of parasitized and diseased frozen fish. Practically all of the 20-pound boxes were unlabeled except for the inconspicuous statement "Net Wt. 20 lbs." Some of the 15-pound boxes were labeled "Ocean Pout"; some were labeled "Flounder Fillets"; on some the word "Flounder" was crossed off but nothing was written in its place; and on others the word "Flounder" was crossed off and "Pout" was written in with black wax pencil in varying degrees of legibility.

On May 13, 1943, the United States attorney for the District of Maryland filed a libel against 372 15-pound boxes and 426 20-pound boxes of ocean pout fillets at Baltimore, Md., alleging that the article had been shipped in interstate commerce on or about May 1, 1943, by J. Adams & Co. from Boston, Mass.; 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 filthy substances, and in that it was in whole or in part the product of a diseased animal.

The article in 20-pound boxes was alleged to be misbranded (1) 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; (2) in that the statement of the quantity of the contents, required by the act to appear on the label, was not prominently placed thereon with such conspicuousness as to render it likely to be read by the ordinary individual under customary conditions of purchase and use; and (3) in that its label failed to bear the common or usual name of the food. The article in some of the 15-pound boxes was alleged to be misbranded (1) in that the name "Flounder" borne on some of the boxes was false and misleading as applied to ocean pout; (2) in that the common or usual name of the food, required by the act to appear on the label, was not prominently placed thereon with such conspicuousness as to render it likely to be read by the ordinary individual under customary conditions of purchase and use; and (3) in that its label failed to bear the common or usual name of the food.

On June 23, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5189. Adulteration of frozen ocean pout fillets.

U. S. v. 1,606 Boxes and 1,453 Boxes of Frozen Fillets. Consent decrees of condemnation. Product ordered released under bond for salvaging the good portion. (F. D. C. Nos. 9858, 9965. Sample Nos. 38264-F, 38266-F, 38289-F.)

On April 24 and May 21, 1943, the United States attorney for the Northern District of Illinois filed a libel against a total of 3,059 boxes of frozen fillets at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about March 27 and May 4, 1943, by the Seaview Fish Co. from New Bedford, Mass.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance, parasitized and diseased fish, and in that it was in whole or in part the product of a diseased animal.

On April 29 and June 12, 1943, Albert E. Burhop, Chicago, Ill., claimant, having admitted the allegations of the libels, judgments of condemnation were entered and the product was ordered released under bond for separating and salvaging the good portion, under the supervision of the Food and Drug Administration. 5190. Adulteration of frozen ocean pout fillets. U. S. v. 150 Boxes of Frozen Fillets. Default decree of condemnation and destruction. (F. D. C. No. 9863. Sample No. 37960-F.)

On April 27, 1943, the United States attorney for the Northern District of Illinois filed a libel against 150 boxes of frozen ocean pout fillets at Chicago, Ill.,

alleging that the article had been shipped in interstate commerce on or about April 8, 1943, by the New Bedford Fillet Co. from New Bedford, Mass.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance, parasitized and diseased fish, and in that it was in whole or in part the product of a diseased animal. The article was labeled in part: "Ocean Pout Fillets Packed by N. B. Fillet Co. New Bedford, Mass." On June 17, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5191. Adulteration of frozen ocean pout fillets. U. S. v. 67 Boxes, 794 Boxes, and 194 Boxes of Ocean Pout Fillet. Decrees of condemnation and destruction. (F. D. C. Nos. 9941, 9983. Sample Nos. 3184-F, 3185-F, 44539-F.) On or about May 17 and 21, 1943, the United States attorneys for the Districts of New Jersey and Nebraska filed libels against 67 boxes of frozen fish at Newark, N. J., and 988 boxes of frozen fish at Omaha, Nebr., alleging that the article had been shipped in interstate commerce on or about April 26 and May 2, 1943, by L. S. Eldridge & Son from New Bedfard, Mass.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance, parasitized and decomposed ocean pout, and in that it was in whole or in part the product of a diseased animal. The article was labeled in part: "Finest Fillet Co. [or "Union Fillet Co.," or "Cape Cod Fillet Co."] New Bedford, Mass."

The consignee of the lot seized at Omaha having consented to the entry of a decree, and no appearance having been entered in the remaining action, judgments of condemnation were entered on May 28 and June 21, 1943, and the product was ordered destroyed.

5192, Adulteration of frozen rosefish fillets. U. S. v. 310 Boxes of Rose Fish Fillets. Default decree of condemnation and destruction. (F. D. C. No. 9798. Sample No. 38267-F.)

On April 17, 1943, the United States attorney for the Northern District of Illinois filed a libel against 310 boxes of frozen rosefish fillets at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about April 2, 1943, by Busalacchi Brothers from Boston, Mass.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance, parasites. The article was labeled in part: (Boxes) "Seakist Brand Fish Rose Fish Fillets."

On June 14, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

SHELLFISH

5193. Adulteration and misbranding of canned crab meat. U. S. v. 37 Cases of Canned Crabmeat. Default decree of condemnation and destruction. (F. D. C. No. 9894. Sample No. 8961-F.)

On May 6, 1943, the United States attorney for the Southern District of Texas filed a libel against 37 cases of canned crab meat at Houston, Tex., alleging that the article had been shipped in interstate commerce on or about November 3, 1942, by the Skrmetta Seafood Co. from New Orleans, La.; and charging that it was adulterated and misbranded. The article was labeled in part: (Cans) "Sea Treasure Brand * * Vacuum Packed Claw Meat American Crab Meat Packed by Skrmetta Seafood Company New Orleans, La."

The article was alleged to be adulterated in that it consisted wholly or in part of a decomposed substance.

It was alleged to be misbranded in that the statement "Packed By Skrmetta Seafood Company New Orleans, La.," was false and misleading since the goods were packed by the Cutcher Canning Co., Westwego, La.

On June 23, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5194. Adulteration of canned oysters. U. S. v. 31 Cases of Canned Oysters. Default decree of condemnation and destruction. (F. D. C. No. 9874. Sample No. 6098-F.)

Examination of this product showed the presence of decomposed oysters. On April 27, 1943, the United States attorney for the Eastern District of Missouri filed a libel against 31 cases, each containing 48 cans, of oysters at St. Louis, Mo., alleging that the article had been shipped in interstate commerce on or about February 2, 1943, by the McPhillips Packing Co. from Bayou La Batre, Ala.; 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) "Broadcast Brand Oysters."