that the article had been shipped in interstate commerce on or about August 11, 1943, by the Fred Harvey Service, Inc., from Winslow, Ariz.; and charging that it was adulterated in that it consisted wholly or in part of a decomposed substance. On September 23, 1943, Fred Harvey, a corporation, 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 on condition that the product be brought into compliance with the law under the supervision of the Food and Drug Administration. The unfit birds were segregated and destroyed. 5391. Misbranding of jars of smoked turkey. U. S. v. 99 Cases of Smoked Turkey. Consent decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 10272. Sample No. 20636-F.) This product was short-weight. On July 19, 1943, the United States attorney for the District of Massachusetts filed a libel against 99 cases, each containing 12 jars, of smoked turkey at Boston, Mass., alleging that the article had been shipped in interstate commerce on or about June 21, 1943, by the Pinesbridge Farm from Ossining, N. Y.; and charging that it was misbranded. The article was labeled in part: (Jars) "Pinebridge Farm Original Smoked Turkey * Net Weight 8 Ozs. Avd." * The article was alleged to be misbranded in that the statement "Net Weight 8 Ozs. Avd." 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 July 28, 1943, the S. S. Pierce Co. of Boston, Mass., 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. NUTS AND NUT PRODUCTS 5392. Adulteration of shelled peanuts. sent decree of condemnation. U. S. v. 3 Bags of Shelled Peanuts. Con- into animal feed. (F. D. C. No. 10455. Sample No. 46355–Ť.) On August 21, 1943, the United States attorney for the District of Maryland filed a libel against 3 100-pound bags of shelled peanuts at Baltimore, Md., alleging that the article had been shipped in interstate commerce on or about April 23, 1943, by the Franklin Peanut Co. from Franklin, Va.; and charging that it was adulterated in that it consisted in whole or in part of filthy substances by reason of the presence of larvae, cast skins, and insect fragments. On August 27, 1943, the consignee having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered destroyed or converted into animal feed. 5393. Adulteration of shelled peanuts. U. S. v. 260 Bags of Shelled Peanuts. Consent decree of condemnation. Product ordered released under bond for reconditioning. (F. D. C. No. 10222. Sample No. 42168–F.) This product was stored under insanitary conditions. Examination of samples showed that it was contaminated with rodent excreta and urine. On July 12, 1943, the United States attorney for the Northern District of Ohio filed a libel against 260 bags of peanuts at Cleveland, Ohio, in the possession of the National Terminals Corporation, alleging that the article had been shipped in interstate commerce on or about May 5, 1943, from Suffolk, Va.; and charging that it was adulterated in that it consisted wholly 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 August 4, 1943, the Electric Cooker Sales, Inc., of Cleveland, Ohio, claimant, having admitted the allegations of the libel with respect to a portion of the product, judgment of condemnation was entered and the product was ordered released under bond to be brought into compliance with the law under the supervision of the Food and Drug Administration. 5393. Adulteration of shelled peanuts. U. S. v. 28 Bags of Shelled Peanuts. Consent decree of condemnation. Product ordered destroyed or converted into animal feed. (F. D. C. No. 10450. Sample No. 46354-F.) On August 21, 1943, the United States attorney for the District of Maryland fled a libel against 28 100-pound bags of shelled peanuts at Baltimore, Md., alleging that the article had been shipped in interstate commerce within the period from on or about April 12 to July 27, 1943, by the Producers Peanut Co., Inc., from Suffolk, Va.; and charging that it was adulterated in that it consisted in whole or in part of filthy substances by reason of the presence of larvae, cast skins, and insect fragments. The article was labeled in part: "Shelled Peanuts Virginia Peanut Co. * * Baltimore, Md." * On August 27, 1943, E. S. Vandora and William C. Gereny, copartners trading as the Virginia Peanut Company, 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 destroyed or converted into animal feed. 5395. Misbranding of peanuts. U. S. v. 312 Dozen and 11 Dozen Packages of Peanuts. Default decree of condemnation. Product ordered delivered to the U. S. O. (F. D. C. No. 10102. Sample Nos. 33481-F, 33482–F.) This product was short-weight. On June 19, 1943, the United States attorney for the Southern District of New York filed a libel against 312 dozen packages and 11 dozen packages of peanuts at Newburgh, N. Y., alleging that the article had been shipped in interstate commerce on or about June 1, 1943, by the Royal Nut & Candy Co., Inc., from Hoboken, N. J.; and charging that it was misbranded. The article was labeled in part: "Royal Seniors 10¢ * * * Peanuts * ** Net Wt. 2 Oz.," or "Royal Juniors 5¢ * * * Net Wt. 1 Oz." The article was alleged to be misbranded in that the statements "Net Wt. 1 Oz." and "Net Wt. 2 Oz." were 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 20, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. On September 25, 1943, an amended order was entered providing that the product be delivered to the U. S. O. 5396. Adulteration of peanut butter. U. S. v. 84 Cases of Peanut Butter. Default decree of condemnation and destruction. (F. D. C. No. 9799. Sample No. 32655-F.) On April 14, 1943, the United States attorney for the Eastern District of Tennessee filed a libel against 84 cases, each containing 24 jars, of peanut butter at Etowah, Tenn., alleging that the article had been shipped in interstate commerce on or about January 12 and 14, 1943, by the Rainer Packing Co. from Montgomery, Ala.; and charging that it was adulterated in that the product consisted in whole or in part of a filthy, putrid or decomposed substance, rodent hair fragments and rodent excreta fragments, or was otherwise unfit for food. The article was labeled in part: (Jars) "Brownee Peanut Butter Brownee Company * Montgomery, Ala." On July 6, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. De 5397. Adulteration of peanut butter. U. S. v. 2,400 Jars of Peanut Butter. fault decree of condemnation. Product ordered sold to the highest bidder on condition that it should not be sold in violation of law. (F. D. C. No. 9800. Sample No. 6381-F.) This product had been damaged by fire and water after shipment in interstate commerce. Examination showed the screw caps to be loose, and, in some cases, rusted to some extent both inside and out. The product was also discolored in some jars, and moldy. On April 13, 1943. the United States attorney for the Eastern District of Missouri filed a libel against 2,400 jars of peanut butter at St. Louis, Mo., alleging that the article had been shipped in interstate commerce on or about November 27, 1942, from Chicago, Ill.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. On July 23, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered sold to the highest bidder, the decree providing that the marshal adopt adequate safeguards to prevent its sale in violation of the law. It was denatured and disposed of as hog feed. 5398. Misbranding of peanut butter. U. S. v. 199 Cases of Peanut Butter. De cree of condemnation. Product ordered released under bond for refilling to the declared weight. (F. D. C. No. 10100. Sample No. 43304-F.) On June 16, 1943, the United States attorney for the Western District of Oklahoma filed a libel against 199 cases of peanut butter at Oklahoma City, Okla., alleging that the article had been shipped in interstate commerce on or about May 15, 1943, by the Kimbell Food Products Co. from Fort Worth, Tex.; and charging that it was misbranded. The article was labeled in part: "Okla Brand Peanut Butter * * * Net Wt. 1 Lb. 8 Oz. Distributed by Ridenour-Baker Merc. Co. Oklahoma City." The article was alleged to be misbranded in that the statement on the label "Net Wt. 1 Lb. 8 Oz." was false and misleading as applied to an article short in weight, and in that it was food in package form and failed to bear a label containing an accurate statement of the quantity of the contents. On June 22, 1943, the Kimbell Food Products Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond, conditioned that the containers be refilled to the declared weight under the supervision of the Food and Drug Administration. 5399. Misbranding of peanut butter. U. S. v. 1,809 Cases of Peanut Butter. Decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 10182. Sample No. 8143-F.) On June 2, 1943, the United States attorney for the District of Minnesota filed a libel against 1,809 cases of peanut butter at Minneapolis, Minn. On July 8, 1943, an amended libel was filed, the amended libel alleging that the article had been consigned, on or about June 11, 1943, in interstate commerce by the Sessions Company, Inc., from Enterprise, Ala.; and charging that it was misbranded. The article was labeled in part: (Jars) "Goldcraft Peanut Butter * ** Net Wt. 2 Lbs." The article was alleged to be misbranded in that the statement "Net Wt. 2 Lbs." was false and misleading as applied to an article that 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 August 13, 1943, the Sessions Company, Inc., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for relabeling in compliance with the law under the supervision of the Food and Drug Administration. 5400. Misbranding of peanut butter. U. S. v. 1,098 Cases of Peanut Butter. Consent decree of condemnation. Product ordered released under bond for repackaging. (F. D. C. No. 9918. Sample No. 45078-F.) On May 10, 1943, the United States attorney for the Eastern District of New York filed a libel against 1,098 cases, each containing 12 jars, of peanut butter at Brooklyn, N. Y., alleging that the article had been shipped in interstate commerce on or about March 31, 1943, by the Wilmar Manufacturing Co. from Philadelphia, Pa.; and charging that it was misbranded. The article was labeled in part: (Jars) "Bohack's Quality Stores Peanut Butter * Net Weight 1 Lb.” The article was alleged to be misbranded in that the statement "Net Weight 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 22, 1943, the H. C. Bohack Co., Inc., of Brooklyn, N. Y., 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 returned to the manufacturer for repacking to the declared weight, under the supervision of the Food and Drug Administration. |