5437. Adulteration of rye meal. U. S. v. 6 Bags of Rye Meal. Decree of condemnation. Product ordered released under bond for denaturing and use as animal feed. (F. D. C. No. 10798. Sample No. 53406-F.)

On September 20, 1943, the United States attorney for the Southern District of West Virginia filed a libel against 6 bags of rye meal at Charleston, W. Va., alleging that the article had been shipped in interstate commerce on or about July 8, 1943, by the Bay State Milling Co. from Winona, Minn.; and charging that it was adulterated in that it consisted in whole or in part of filthy substances by reason of the presence therein of larvae, insect fragments, rodent hair fragments, and rodent excreta fragments. The article was labeled in part: "Wingold Rye Meal."

On September 28, 1943, the Bay State Milling Co. of Winona, Minn., and the Elk Storage Warehouse Co. of Charleston, W. Va., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for denaturing under the supervision of the Food and Drug Administration, and disposition as animal feed.

5438. Misbranding of Egg-Dough Stabilizer. U. S. v. 43 Drums, 97 Drums and 50 Drums of Egg-Dough Stabilizer. Consent decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 10698. Sample No. 15200-F.) Analysis showed this product to be essentially flour, with small amounts of eggs (approximately 10% egg yolk solids present), sugar, and fat; it also contained soy flour.

On September 9, 1943, the United States attorney for the Southern District of California filed a libel against 43 200-pound drums, 97 100-pound drums, and 50 50-pound drums of the above-named product at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about July 28, 1943, by the American Breddo Corporation from New York, N. Y.; and charging that it was misbranded. The article was labeled in part: (Drum) "GOLDDO EGG-DOUGH STABILIZER (vignette of chicken)."

The article was alleged to be misbranded in that the following statements: "Egg-Dough Stabilizer For Extra Fine Quality"; "Use 50% GOLDDO Solution to replace an equal amount of Eggs in Cookies, Yeast-raised Sweet Goods, Egg Bread and Hard Rolls. Use 25% GOLDDO Solution to replace an equal amount of Eggs in Cups, Layers and Loaves"; and "GOLDDO Solution * * * has to be kept under refrigeration the same as Shelled Eggs," together with the design of a chicken, borne on the label, were false and misleading since they created the impression that the article contained a substantial amount of eggs and might be used as a substitute for eggs, whereas it did not contain a substantial amount of eggs and could not be used as a substitute for eggs. 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 ingredient since the common or usual names of the "Farinaceous products" mentioned under "Contents" were not given, and since soy flour was not declared in the list of ingredients.

On September 23, 1943, the American Breddo Corp., 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 relabeling under the supervision of the Food and Drug Administration.

5439. Misbranding of white rice. U. Š. v. 141 Cases of White Rice. Consent decree of condemnation. Product ordered released under bond to be repackaged. (F. D. C. No. 10667. Sample No. 6562-F.)

This product was short weight.

On September 2, 1943, the United States attorney for the Eastern District of Missouri filed a libel against .141 cases, each containing 50 cartons, of white rice at St. Louis, Mo., alleging that the article had been shipped in interstate commerce on or about July 17 and 19, 1943, by the Jonesboro Rice Mill Co., from Jonesboro, Ark.; and charging that it was misbranded. The article was labeled in part: (Cartons) "One Pound Net Weight River Brand White Rice Packed by Southern Rice Sales Co., Inc., New York, N. Y." The article was alleged to be misbranded in that the statement "One Pound Net Weight" 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 September 28, 1943, the Southern Rice Sales Co., Inc., 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 to be repackaged under the supervision of the Food and Drug Administration.

CHOCOLATE, SUGARS, AND RELATED PRODUCTS

CANDY

5440. Adulteration of candy. U. S. v. 3 Cartons and 10 Boxes of Candy (and 2 other seizure actions against candy). Decrees of condemnation and destruction. (F. D. C. Nos. 10498, 10511, 10513. Sample Nos. 46185-F, 46187-F, 46190-F, 46192-F, 46193-F, 46197-F, 46198-F, 53319-F to 53321-F, incl.) Examination showed that various portions of this product contained one or more of the following filthy substances: Larvae, insects, larva and insect fragments, rodent hair fragments, cast skins, and larvae cast skins.

On August 24, and 30, 1943, the United States attorney for the Western District of Virginia and the District of Columbia filed libels against 3 cartons and 10 boxes of candy at Front Royal, Va., and a total of 598 boxes of candy at Washington, D. C., alleging that the article had been shipped within the period from on or about July 23 to August 13, 1943, by or from the General Candy Co., Baltimore, Md.; 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 might have become contaminated with filth. The article was labeled in part: (Carton) "Baltimore Ices," or "Assorted Cocoanut Bonbons"; (boxes) "Peppermint Puffs," "Peanut Brittle Bars," "Peanut Bars," "Big Chief Peanut Bars," "Pe-Co Chop Suey Squares," or "Cocoanut Bon Bons Assorted."

On October 7 and 25, 1943, no claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed.

5441. Adulteration of candy. U. S. v. 10 Cartons of Candy. Decree of condemnation and destruction. (F. D. C. No. 10514. Sample No. 46188-F.) On August 30, 1943, the United States attorney for the District of Columbia filed a libel against 10 cartons of candy at Washington, D. C., alleging that the article had been shipped on or about August 4, 1943, from Baltimore, Md., by the Virginia Peanut Co.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance by reason of the presence therein of larvae, larva fragments, and insect fragments, and in that it had been prepared under insanitary conditions whereby it might have become contaminated with filth. The article was labeled in part: (Carton) "Assorted Cocoanut Bonbons * Manufactured by General Candy Company 515 W. Lombard

*

St. Baltimore, Md."

On October 7, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

5442. Misbranding of candy. U. S. v. Cardinet Candy Company, Inc.

Plea of

nolo contendere. Fine, $50. (F. D. C. No. 10573. Sample No. 42648–F.) On November 12, 1943, the United States attorney for the Northern District of California filed an information against the Cardinet Candy Co., Inc., Oakland, Calif., alleging shipment on or about May 3, 1943, from the State of California into the State of Oregon of 2 cases, each containing a number of candy bars that were misbranded. The article was labeled in part: (Wrapper enclosing candy bar) "Cardinet's Almond Toffee. Net Weight 1 Oz."

The article was alleged to be misbranded in that the statement "Net Weight 1 Oz" borne on the wrapper was false and misleading since each of the candy bars weighed less than 1 ounce net; and in that it was in package form and did not bear a label containing an accurate statement of the quantity of the contents in terms of weight.

On November 26, 1943, a plea of nolo contendere having been entered, the court imposed a fine of $50.

5443. Misbranding of candy. U. S. v. 22 Cases and 25 Cases of Candy. Consent decree of condemnation. Product ordered released under bond for relabeling and repacking. (F. D. C. No. 10345. Sample Nos. 12285-F, 12286-F.) This candy was contained in small cedar chests, each chest containing a cellophane-wrapped tray of candy which was elevated by means of a false bottom. See also, Gift Packages.

When opened, the chest appeared full of candy. The candy occupied, however, only approximately 31 percent of the capacity of the container. The label failed to bear the name and place of business of the manufacturer, packer, or distributor. On August 6, 1943, the United States attorney for the District of Oregon filed a libel against 47 cases, each containing 12 cedar chests, of candy at Portland, Oreg., alleging that the article had been shipped in interstate commerce by the Evans Novelty Co. from Chicago, Ill., on or about June 25 and 28, 1943; and charging that it was misbranded. Each chest contained a cellophane-wrapped tray of candy with a sticker label reading: "De Luxe Assortment Ingredients * * Net Weight 1 Pound."

The article was alleged to be misbranded in that the containers were so filled as to be misleading, since the candy occupied only approximately 31 percent of the capacity of the container, and in that it was food in package form but failed to bear a label containing the name and place of business of the manufacturer, packer, or distributor.

On August 19, 1943, Victor's Novelty Co., Portland, Oreg., claimant, having consented to the entry of a decree, judgment of condemnation was entered and it was ordered that the product be released under bond, conditioned that it be relabeled and repacked in a manner satisfactory to the Food and Drug Administration.

5444. Misbranding of candy. U. S. v. 6 Cases, 5 Cases, and 32 Cartons of Candy. Consent decree of condemnation. Product ordered released under bond

for repacking. (F. D. C. No. 10346. Sample Nos. 12278-F, 12279-F, 43102-F.) This candy was contained in cedar chests or boxes, each chest or box containing a cellophane-wrapped tray of candy which was elevated by means of a false bottom. When opened, the chests and boxes appeared to be full of candy. The trays, however, occupied only approximately 31 percent of the capacity of the container. The labels failed to bear the name and place of business of the manufacturer, packer, or distributor.

On August 7, 1943, the United States attorney for the District of Oregon filed a libel against 6 cases, each containing 12 cedar chests, 5 cases, each containing 12 mirror boxes, and 32 cartons, each containing 12 cedar chests, of candy at Portland, Oreg., alleging that the article had been shipped in interstate commerce on or about June 28, 1943, by the Sylvan Company from Chicago, Ill.; and charging that it was misbranded. Each chest or box contained a cellophane-wrapped tray of candy with a sticker label reading: "De Luxe Assortment."

The article was alleged to be misbranded in that its containers were so filled as to be misleading since the candy occupied only approximately 31 percent of the capacity of the boxes, and in that it was food in package form and failed to bear a label containing the name and place of business of the manufacturer, packer, or distributor.

On August 23, 1943, L. J. Korter, Portland, Oreg., claimant, having consented to the entry of a decree, judgment of condemnation was entered and it was ordered that the product be released under bond, conditioned that it be relabeled and repacked under the supervision of the Food and Drug Administration.

5445. Misbranding of candy. U. S. v. 4 Cases and 11 Cases of Candy. Default decree of condemnation. Product ordered delivered to charitable organizations. (F. D. C. No. 10372. Sample Nos. 14497-F, 14498-F.)

A portion of this product (4 cases) consisted of a cardboard novelty box in the shape of a bomb and contained from 21 to 25 individually-wrapped candies. The remainder (11 cases) consisted of a cardboard novelty box in the shape of a bombshell and contained from 6 to 10 individually-wrapped candies, which occupied on an average about 60 percent of the container. Each package had an inset in the bottom about one-half inch deep. A portion of the product was found to be short weight. The net weight declaration was inconspicuous on both labels.

On August 7, 1943, the United States attorney for the Southern District of California filed a libel against 4 cases, each containing 60 packages, and 11 cases, each containing 144 packages, of candy at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about February 10 and March 5, 1943, by the Fascination Candy Co. from Chicago, Ill.; and charging that it was misbranded. The article was labeled in part: (Packages) "Via Air Mail to Tokio U. S. A. Aerial Bomb * * Net Weight 6 Ozs.," or "The Victory Bomb-Shell Junior."

The article was alleged to be misbranded in that the statement of quantity of contents required by law to appear on the label was not prominently placed

thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) as to render it likely to be read by the ordinary individual under customary conditions of purchase and use, and in that its label failed to bear the common or usual name of the food, candy. A portion of the article (4 cases) was alleged to be misbranded further in that the statement "Net Weight 6 Ozs." was false and misleading as applied to a product that was short weight; and in that its container was so made as to be misleading since it had an inset about one-half inch deep in the bottom of the package; 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 remainder of the article (11 cases) was alleged to be misbranded in that its container was so made and filled as to be misleading since it had an inset about one-half inch deep in the bottom of the package and the wrapped candy occupied only about 60 percent of the capacity of the container.

On September 3, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to charitable organizations.

5446. Misbranding of candy and toy packages. U. S. v. 35 Cartons of Candy and Toy Packages (and 2 other seizure actions against candy and toy packages). Decrees ordering destruction of portion of product and delivery of remainder to charitable institutions. (F. D. C. Nos. 10143, 10144, 10281. Sample Nos. 37338-F, 43419-F, 46334-F to 46337–F, incl.)

Some of the packages were filled with 4 paper-wrapped candy kisses and a prize which, together, occupied, in certain packages, about 20 percent of the volume and, in other packages, about one-half of the volume. The remainder contained from 1 to 9 very small pieces of candy and a prize which, together, occupied less than 10 percent of the volume of the packages.

On or about June 24 and July 20, 1943, the United States attorneys for the District of Maryland and the Western District of Missouri filed libels against the following quantities of candy and toy packages: 35 cartons, each containing 100 packages, at Kansas City, Mo., and 28 cartons and 74 cartons, each containing 100 packages, and 58, 88, and 58 cartons, each containing 80 packages, at Baltimore, Md.; alleging that the articles had been shipped on or about May 24 and June 3 and 17, 1943, from Brooklyn, N. Y., by the Novel Package Corporation; and charging that they were misbranded. The articles were labeled in part: (Packages) "Candy & Toy General Douglas MacArthur Packed For and Distributed By Pioneer Specialty Co. Brooklyn, N. Y. [or "U. S. War Planes Keep 'em Flying,"]," "U. S. Navy Warships Packed and Distributed

*

*

By Novel Package Corp.," or "Remember Pearl Harbor Candy & Toy
Packed and Distributed by Candyland Company Brooklyn, N. Y."

The articles were alleged to be misbranded in that their containers were so filled as to be misleading. A portion 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 October 21, 1943, no claimant having appeared for the lot at Kansas City, a decree was entered ordering it to be destroyed. On November 15, 1943, no claimant having appeared for the lots at Baltimore, judgments of condemnation were entered and they were ordered delivered to a charitable institution.

5447. Misbranding of candy-filled glass toys. U. S. v. 9 Dozen Candy-Filled Glass Toys, et al. Default decree of condemnation. Products ordered distributed to a welfare organization. (F. D. C. No. 10126. Sample No. 34104-F.)

These products were short weight.

On June 21, 1943, the United States attorney for the Western District of New York filed a libel against the following candy-filled glass toys at Buffalo, N. Y.: 9 dozen automobiles, 12 dozen battleships, 84 dozen busses, and 112 dozen telephones, alleging that the articles had been shipped in interstate commerce on or about March 12 and May 20, 1943, by Victory Glass, Inc., Toy Division, from Jeanrette, Pa.: and charging that they were misbranded. The articles were labeled in part: “Miniature Streamline Auto [or “Battleship" or "Motorbus"] Contents 1⁄2 Ounce or More," or "Miniature Dial Telephone 4 Ounce or More."

Contents

They were alleged to be misbranded in that the statements "Contents 1⁄2 Ounce or More" (auto, battleship, motorbus) and "Contents 4 Ounce or More" (telephone) were false and misleading as applied to articles that were short weight;

and in that they were in package form and failed to bear labels containing an accurate statement of the quantity of the contents.

On July 22, 1943, no claimant having appeared, judgment of condemnation was entered and the products were ordered delivered to a welfare organization.

5448. Misbranding of candy. U. S. v. 849 Cases of Candy. Decree of condemnation. Product ordered released under bond to be made to conform with the law. (F. D. C. No. 10462. Sample No. 11547-F.)

The cartons contained 5 pieces of taffy wrapped in waxed paper with twisted ends. They were 4 inches tall and the average headspace measured 1916 inches. On August 25, 1943, the United States attorney for the Northern District of California filed a libel against 849 cases, each containing 120 cartons, of candy at San Francisco, Calif., alleging that the article had been shipped in interstate commerce on or about June 14, 1943, by the United Cigar-Whelan Stores Corporation, from Brooklyn, N. Y.; and charging that it was misbranded in that its container was so filled as to be misleading since the candy occupied only about 62 percent of the volume of the carton. It was labeled in part: (Cartons) "Long Chew's manufactured by Fralinger's Atlantic City, N. J."

On October 21, 1943, the United Cigar-Whelan Stores Corporation, having appeared as claimant, judgment of condemnation was entered and the product was ordered released under bond, conditioned that it be made to conform with the law under the supervision of the Food and Drug Administration.

6449. Misbranding of cocoa confection. beled in part: "El Pais."

U. S. v. 3,607 Cases of a Confection laDecree of condemnation. Product ordered (F. D. C. No. 10687. Sample No.

released under bond for relabeling.
39364-F.)

This product was short weight.

On September 4, 1943, the United States attorney for the Southern District of California filed a libel against 3,607 cases, each containing 50 bars, of a cocoa confection at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about July 20 and 28, 1943, by Westfeldt Brothers, from New Orleans, La.; and charging that it was misbranded. The article was labeled in part: (Bar) "El Pais Net Weight 64 Oz. Cocoa Confection Packed by 'La Ambrosia Industrial' S. A. Havana Cuba."

The article was alleged to be misbranded in that the statement "Net Weight 64 Oz." was false and misleading as applied to an article that was short weight; and in that it was in package form and its label failed to bear an accurate statement of the quantity of the contents.

On September 27, 1943, the Safeway Stores, Inc., of Los Angeles, Calif., 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.

MISCELLANEOUS

5450. Adulteration of chocolate paste. U. S. v. 250 Bags of Chocolate Paste. Decree of condemnation. Product destroyed. (F. D. C. No. 10501. Sample No. 33680-F.)

On August 25, 1943, the United States attorney for the Western District of New York filed a libel against 250 bags of chocolate paste at Buffalo, N. Y., alleging that the article had been shipped on or about June 25, 1943, by the Warfield Company, from Chicago, Ill.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance because of the presence of larvae, insect fragments, and insect excreta.

On October 21, 1943, judgment of condemnation was entered and thereafter the product was destroyed.

5451. Misbranding of honey. U. S. v. 8 Cases of Honey. Default decree of condemnation. Product ordered delivered to a charitable institution.

(F. D. C. No. 10512. Sample No. 34557-F.) This product was short weight and contained undeclared artificial flavoring. On August 28, 1943, the United States attorney for the Southern District of Florida filed a libel against 8 cases, each containing 24 jars, of honey at Jacksonville, Fla., alleging that the article had been shipped on or about May 21, 1943, by the Tavern Fruit Juice Co., Inc., from Brooklyn, N. Y.; and charging that it was misbranded. It was labeled in part: (Jars) "Rexley Brand' Pure

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