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

5214. Adulteration of prunes. U. S. v. 33 Boxes of Prunes. Default decree of condemnation and destruction. (F. D. C. No. 10036. Sample Nos. 14453-F, 14454-F.)

On June 14, 1943, the United States attorney for the District of Arizona filed a libel against 33 boxes of prunes at Phoenix, Ariz., alleging that the article had been shipped in interstate commerce on or about October 28, 1942, by Guggenhime & Co. from San Francisco, Calif.; and charging that it was adulterated in that it consisted in whole or in part of filthy substances, insects, larval excreta, webbing, and tunneling. The article was labeled in part: "Daphne Brand California * Prunes."

On August 13, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5215. Adulteration of seedless raisins. U. S. v. 67 Cases of Seedless Raisins. Default decree of condemnation and destruction. (F. D. C. No. 9988. Sample No. 31039-F.)

On June 14, 1943, the United States attorney for the Western District of Washington filed a libel against 67 25-pound cases of seedless raisins at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about September 24, 1942, by the Lion Packing Co. from Fresno, Calif.; and charging that it was adulterated in that it consisted in whole or in part of filthy substances, beetles, insect excreta, webbing, and pupa cases. The article was labeled in part: "California Raisins * Lion Brand Midget California Natural Thompson Seedless Raisins."

*

On July 13, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

MISCELLANEOUS FRUITS

5216. Adulteration of apple pomace. U. S. v. 1,300 Bags of Apple Pomace. Consent decree of condemnation. Product ordered released under bond to be brought into conformity with the law. (F. D. C. No. 9744. Sample No. 36981-F.)

This product had been stored under insanitary conditions after shipment in interstate commerce and, when examined, many of the bags had been torn and the product was contaminated with rodent pellets, rodent hairs, and insect fragments.

On April 1, 1943, the United States attorney for the District of Maryland filed a libel against 1,300 100-pound bags of apple pomace at Baltimore, Md., in the possession of the S. J. Van Lill Co., of Baltimore, Md., alleging that the article had been shipped in interstate commerce within the period from on or about October 29 to December 1, 1942, from Orrtanna, Pa., Mt. Jackson, Va., and Peach Glen, Pa.; and charging that it was adulterated in that it consisted in whole or in part of filthy substances, and in that it had been held under insanitary conditions whereby it may have become contaminated with filth.

On May 14, 1943, the S. J. Van Lill Co., 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 to be brought into conformity with the law under the supervision of the Food and Drug Administration. The fit portion was segregated and released and the remainder was denatured.

5217. Misbranding of candied fruit. U. S. v. 783 Baskets of Candied Fruit. Default decree of condemnation. Product ordered distributed to welfare organizations. (F. D. C. No. 9857. Sample Nos. 37178-F to 37180–F, incl.)

On April 22, 1943, the United States attorney for the District of Columbia filed a libel against 783 baskets of candied fruit at Washington, D. C., alleging that the article had been shipped in interstate commerce within the period from on or about March 19 to 26, 1913, by the Seminole Fruit & Preserving Co., Inc., from Miami, Fla.; and charging that it was misbranded. The article was labeled in part: "Cobbs Pure Tropical Fruit Delicacies * Net Wt. 1 Lb. [or

"8 oz."]."

The article was alleged to be misbranded (1) in that the statements "Net Wt. 1 Lb." or "Net Wt. 8 oz." were false and misleading as applied to articles that were short of the declared weights; and (2) in that it was in package form and failed to bear a label containing an accurate statement of the quantity of the contents. Two of the lots were alleged to be misbranded further in that their

containers were so filled as to be misleading, since in one of the lots the bottom layer was not full and contained candied fruit of inferior quality when compared with the top layer, and, in the other lot, more than half the volume of the basket was occupied by paper.

On May 17, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered distributed to welfare organizations. 5218. Misbranding of glace fruits. U. S. v. 68 Boxes of Glace Fruits. Default decree of condemnation and destruction. (F. D. C. No. 9998. Sample No. 3376-F.)

On May 25, 1943, the United States attorney for the Western District of Missouri filed a libel against 68 boxes of glace fruits at Kansas City, Mo., alleging that the article had been shipped in interstate commerce on or about April 22, 1943, by Grace A. Rush, Inc., from Cincinnati, Ohio; and charging that it was misbranded. The article was labeled in part: "Martha Ann Glace Fruits."

The article was alleged to be misbranded in that its container was so made and filled as to be misleading since the double wall and false bottom occupied two-thirds of the volume of the box.

On July 8, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5219. Adulteration of cold pack strawberries. U. S. v. 48 Barrels of Cold Pack Strawberries. Default decree of condemnation and destruction.

C. No. 9745. Sample No. 32487-F.

(F. D. On April 9, 1943, the United States attorney for the Northern District of Ohio filed a libel against 48 barrels of cold pack strawberries at Cleveland, Ohio, alleging that the article had been shipped in interstate commerce on or about February 17, 1943, by the Cloverdale Co-operative Berry Association from Kalama, Wash.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance, moldy berries.

On June 17, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

CANNED VEGETABLES

5220. Misbranding of canned whole beets. U. S. v. 653 Cases of Canned Whole Beets. Decree of condemnation. Product ordered_released under bond

for relabeling. (F. D. C. No. 9794. Sample No. 8000-F.)

On April 14, 1943, the United States attorney for the District of Minnesota filed a libel against 653 cases, each containing 24 cans, of whole beets at St. Paul, Minn., alleging that the article had been shipped in interstate commerce on or about February 25, 1943, by the Fuhremann Canning Co. from Appleton, Wis.; and charging that it was misbranded. The article was labeled in part: (Cans) "Home Brand Small Whole Beets * * Distributed by Griggs, Cooper & Co.

St. Paul, Minn.

* *

No. of Beets Approx. 12 to 15." The article was alleged to be misbranded in that the following statements "Small Whole Beets * No. of Beets Approx. 12 to 15" were false and misleading since the beets were not small, and less than 12 beets were present in the container.

On June 1, 1943, Griggs, Cooper & 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 relabeling under the supervision of the Food and Drug Administration.

5221. Adulteration of canned cut okra. U. S. v. 295 Cases of Canned Cut Okra. Default decree of condemnation and destruction. (F. D. C. No. 9933. Sample No. 30985-F.)

Examination showed this product to be sour and decomposed.

On May 14, 1943, the United States attorney for the Western District of Washington filed a libel against 295 cases, each containing 24 cans, of cut okra at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about February 28, 1943, by Encinal Terminal, from Alameda, Calif., and that it was invoiced by the A. M. Beebe Company, Inc., of San Francisco, Calif.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance.

On September 16, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5222, Misbranding of canned peas. U. S. v. 398 Cases of Canned Peas. Consent Product ordered released under bond for relabeling. (F. D. C. No. 9779. Sample No. 736-F.)

decree of condemnation.

On April 12, 1943, the United States attorney for the Northern District of Illinois filed a libel against 398 cases, each containing 24 cans, of peas at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about January 21, 1943, by the Lakeside Packing Co., from Sheboygan, Wis.; and charging that it was misbranded. The article was labeled in part: (Cans) "Waverly Brand Early Peas." The article was alleged to be misbranded in that it purported to be canned peas, a food for which a standard of quality had been prescribed by regulations as provided by law, but its quality fell below the standard since it was a smooth skin variety of peas and the alcohol-insoluble solids were more than 23.5 percent, the maximum permitted by the standard; and its label did not bear, in such manner and form as the regulations specify, a statement that it fell below such standard.

On May 5, 1943, the Lakeside Packing Co. having appeared as claimant and having admitted the allegations of the libel and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for relabeling under the supervision of the Food and Drug Administration.

5223. Misbranding of canned peas. U. S. v. 400 Cases of Canned Peas. Consent decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 9700. Sample No. 36968-F.) One code of this product was of a sweet variety and not early June peas as labeled, and the remaining codes were substandard.

On March 26, 1943, the United States attorney for the Eastern District of Virginia filed a libel against 400 cases, each containing 24 cans, of peas at Richmond, Va., alleging that the article had been shipped in interstate commerce on or about February 19, 1943, by F. O. Mitchell & Bro. from Perryman, Md.; and charging that it was misbranded. The article was labeled in part: (Cans) Contents 1 lb. 4 Oz. "Winner Brand Early June Peas * Packed for

*

Royal Club Grocers, Inc., Richmond, Va." A portion of the article was alleged to be misbranded in that the statement "Early June Peas," appearing on the label, was false and misleading as applied to peas of a sweet variety.

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

On April 12, 1943, Parker Mitchell, trading as F. O. Mitchell & Bro., 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 relabeling under the supervision of the Food and Drug Administration.

5224. Misbranding of red peppers. U. S. v. 13 Cases of Red Peppers. Default decree of condemnation. Product ordered delivered to welfare organization. (F. D. C. No. 9881. Sample No. 44304-F.)

A portion of the jars, about half, bore no quantity of contents statement; the remainder were labeled "22 Oz. Net." The average weight of the contents of the jars was 1.11 ounces.

On or about May 6, 1943, the United States attorney for the District of New Jersey filed a libel against 13 cases of red peppers at Newark, N. J., alleging that the article had been shipped in interstate commerce on or about January 21, 1943, by Randall Wine Vinegar, Inc., from Bronx, N. Y.; and charging that it was misbranded. The article was labeled in part: (Jars) "Eldeen Brand Crushed Red Peppers Packed By Eldeen Spice Co. New York."

The article was alleged to be misbranded (1) in that it was in package form and failed to bear a label containing an accurate statement of the quantity of the contents; and (2) in that the statement "22 Oz. Net," borne on some of the jars, was false and misleading as applied to an article that was short-weight. On June 21, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a welfare organization.

5225. Misbranding of canned pimientos. U. S. v. 55 Cases of Canned Pimientos. Default decree of condemnation and destruction. (F. D. C. No. 9843. Sample No. 9115-F.)

This product was short-weight. The average net weight found was 6.76 ounces, a shortage of 3.4 percent. The lowest net weight found was 4.83 ounces. On April 21, 1943, the United States attorney for the Eastern District of Louisiana filed a libel against 55 cases, each containing 24 cans, of pimientos at New Oreans, La., alleging that the article had been shipped in interstate commerce on or about February 24, 1943, by the Dorgan Packing Corporation from Columbia, Miss.; and charging that it was misbranded. The article was labeled in part: (Cans) "Gulf Kist Brand Contents 7 Ozs. Avoir. Whole Pimientos."

The article was alleged to be misbranded in that the statement "Contents 7 Ozs. Avoir." 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 August 14, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5226. Adulteration of sauerkraut. U. S. v. 210 Cases, 587 Cases, and 213 Cases of Sauerkraut. Decree of condemnation. Portion of product ordered distributed to charitable institutions. Remainder ordered released under bond for relabeling. (F. D. C. Nos. 9729, 9924. Sample Nos. 14339-F, 31138-F, 31139-F.)

On March 30 and May 13, 1943, the United States attorneys for the Southern District of California and the District of Oregon filed libels against 210 cases of sauerkraut at Los Angeles, Calif., and 800 cases of sauerkraut at Portland, Oreg., alleging that the article had been shipped in interstate commerce on or about February 9 and 27, 1943, by the Mayfair Food Products Co. from Chicago, Ill.; and charging that it was adulterated in that brine had been substituted wholly or in part for sauerkraut, which the article purported to be. The article was labeled in part: (Jars) "Mayfair Set Sauer Kraut."

On May 3, 1943, no claimant having appeared for the product located at Los Angeles, Calif., judgment of condemnation was entered and it was ordered distributed to charitable institutions. On July 8, 1943, Fred Meyer, Inc., of Portland, Oreg., having appeared as claimant for the product located there and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for relabeling under the supervision of the Food and Drug Administration.

5227. Adulteration of sauerkraut. U. S. v. 554 Cases and 686 Cases of Sauerkraut. Decrees of condemnation. One lot ordered released under bond for relabeling and reconditioning. Remaining lot ordered destroyed. (F. D. C. Nos. 9708, 10112. Sample Nos. 1389-F, 31052-F.)

On March 26 and June 26, 1943, the United States attorneys for the Western District of Michigan and the Western District of Washington filed libels against 554 cases of sauerkraut at Grand Rapids, Mich., and 686 cases of sauerkraut at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about February 4 and April 2, 1943, by the Chicago Pickle Co., Inc., from Chicago, Ill.; and charging that it was adulterated. The article was labeled in part: "Chipico Famous for its Flavor Home Made Style Sauer Kraut."

The lot located at Grand Rapids, Mich., was alleged to be adulterated in that brine had been substituted wholly or in part for sauerkraut, which the article purported to be. The lot located at Seattle, Wash., was alleged to be adulterated in that it consisted in whole or in part of a decomposed substance, and in that brine and vinegar had been substituted wholly or in part for sauerkraut, which the article purported and was represented to be.

On May 24, 1943, the Chicago Pickle Co., Inc., having appeared as claimant for the lot located at Grand Rapid, Mich., and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reconditioning under the supervision of the Food and Drug Administration. On July 28, 1943, no claimant having appeared for the lot located at Seattle, Wash., judgment of condemnation was entered and the product was ordered destroyed.

5228. Adulteration of sauerkraut. U. S. v. 208 Cases of Sauerkraut. Default decree of condemnation and destruction. (F. D. C. No. 9828. Sample No. 31133-F.) The liquid was not

This product contained an excessive amount of brine. kraut juice, but was largely salt water.

Or April 19, 1943, the United States attorney for the District of Oregon filed a libel against 208 cases, each containing 12 jars, of sauerkraut at Portland, Oreg., alleging that the article had been shipped in interstate commerce on or about February 10, 1943, by the Berger Foods Co., from St. Louis, Mo.; and charging that it was adulterated in that brine had been substituted wholly or in part for sauerkraut. The article was labeled in part: (Jars) "Cardinal Brand Fancy Sauerkraut.”

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

5229. Adulteration of canned spinach. U. S. v. 168 Cases of Canned Spinach. Default decree of condemnation and destruction. (F. D. C. No. 9825.

Sample No. 37959-F.)

On April 22, 1943, the United States attorney for the Northern District of Illinois filed a libel against 168 cases of canned spinach at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about February 23, 1943, by the Russellville Canning Co. from Russellville, Ark.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance.

On June 17, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5230. Adulteration of canned spinach. U. S. v. 1,828 Cases of Canned Spinach. Portion of product condemned and ordered destroyed. Remainder ordered released to claimant. (F. D. C. No. 9046. Sample No. 28920–F.) On December 19, 1942, the United States attorney for the Northern District of Georgia filed a libel against 1,828 cases of canned spinach at Atlanta, Ga., alleging that the article had been shipped in interstate commerce on or about November 17 and 19, 1942, by the H. J. McGrath Co. from Baltimore, Md.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance, larvae. The article was labeled in part: (Cans) "McGrath's Champion Brand Spinach."

On June 17, 1943, the H. J. McGrath Co., having appeared as claimant, judgment of condemnation was entered with respect to two of the lots bearing certain code numbers and they were ordered destroyed. The third lot, bearing a different code number, was ordered released after segregation by the claimant and inspection and approval by the Food and Drug Administration.

5231. Adulteration of canned turnip greens. U. S. v. Wallace C. Bohannon (W. C. Bohannon Canning Co.). Plea of guilty. Fine, $250. (F. D. C. No. 9640. Sample No. 9630-F.)

On June 1, 1943, the United States attorney for the Southern District of Texas filed an information against Wallace C. Bohannon, trading under the firm name, W. C. Bohannon Canning Co., at Mission, Tex., alleging shipment on or about November 24, 1942, from the State of Texas into the State of Alabama of a quantity of canned turnip greens that were adulterated in that they consisted in whole or in part of filthy substances, insects and insect larvae. The article was labeled in part: "Valley Rose Brand * Turnip Greens."

On June 26, 1943, the defendant having entered a plea of guilty, the court imposed a fine of $250.

MISCELLANEOUS VEGETABLE PRODUCTS

5232. Adulteration of dried mushrooms. U. S. v. 15 Cases, 25 Cases, and 5 Cartons of Dried Mushrooms. Decrees of condemnation. Portion of product ordered released under bond for removal of all objectionable matter; remainder ordered destroyed. (F. D. C. Nos. 9741, 10015. Sample Nos. 15142-F, 44206-F, 44207–F.)

On April 2 and May 24, 1943, the United States attorneys for the Eastern District of New York and the Southern District of California filed libels against 15 cases and 5 cartons of dried mushrooms at Ozone Park, N. Y., and 25 cases of dried mushrooms at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce within the period from on or about October 9, 1942, to April 29, 1943, by Sokol & Co. from Chicago, Ill.; and charging that it was adulterated in that it consisted in whole or in part of filthy substances, 40 cases showing contamination by insects and rodents, and 5 cartons showing insect contamination. The article was labeled in part: "Shield Brand [or "Solo Faney"] Dried Mushrooms.

*

** Solo Products Co., Chicago."

On June 26, 1943, no claimant having appeared for the lot at Los Angeles, Calif., judgment of condemnation was entered and the product was ordered