* *

Pure Honey-Flavored

Raspberry Flavored Honey Net Weight 1 Lb. with Concentrated Raspberry Juice Natural Color-Natural Flavor." It was alleged to be misbranded (1) in that the statements "Pure Raspberry Flavored with Concentrated Raspberry Juices Natural Flavor" were false and misleading as applied to an article containing artificial flavoring, (2) the statement "Net Weight 1 Lb." was false and misleading as applied to an article that was short weight, (3) it was in package form and failed to bear a label containing an accurate statement of the quantity of the contents; and (4) it contained artificial flavoring and failed to bear labeling stating that fact.

On October 23, 1943, no claimant having appeared, judgment of condemnation was entered, and the product was ordered delivered to a charitable institution on condition that it should not be sold.

5452. Adulteration of molasses residuum. U. S. v. 400 Cases of an article labeled, in part, "Simulated HS-GAS." Default decree of condemnation and destruction. (F. D. C. No. 10049. Sample No. 33479-F.)

This product was diluted molasses residuum, obtained after alcoholic fermentation, containing 0.4 percent of cresol. It was sold as molasses. The cans were labeled "1 Gal. Simulated HS-GAS."

On June 4, 1943, the United States attorney for the Southern District of New York filed a libel against 400 cases of molasses residuum at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about April 19, 1943, by B. Pierce & Co., Inc., from Baltimore, Md.; and charging that it was adulterated in that it contained an added poisonous or deleterious substance, cresol, which might have rendered it injurious to health; and in that diluted molasses residuum containing cresol had been substituted in whole or in part for molasses, which the article was represented to be.

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

5453. Misbranding of powdered sugar. U. S. v. 96 Cartons of Powdered Sugar. Default decree of condemnation. Product ordered delivered to welfare

organizations. (F. D. C. No. 10141. Sample No. 48325-F.)

This product was short weight.

On June 23, 1943, the United States attorney for the Southern District of Ohio filed a libel against 96 cartons, each containing 24 packages, of powdered sugar at Cincinnati, Ohio, which had been consigned on or about March 19 and April 3, 1943, alleging that the article had been shipped in interstate commerce by the National Sugar Refining Co. from Brooklyn, N. Y.; and charging that it was misbranded. The article was labeled in part: (Packages) "Jack Frost Extra-Fine Powdered Sugar * * 1 Pound Net."

It was alleged to be misbranded in that the statement "1 Pound Net" was false and misleading as applied to an article that was short weight, and in that it was in a package form and failed to bear a label containing an accurate statement of the quantity of the contents.

On July 26, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to welfare organizations.

DAIRY PRODUCTS

BUTTER

5454. Adulteration of butter. U. S. v. 57 Pounds of Butter. Default decree of condemnation. Product ordered sold. (F. D. C. 10238. Sample No.

32093-F.)

Analysis showed that this product contained mold.

On June 16, 1943, the United States attorney for the Western District of Kentucky filed a libel against 57 pounds of butter at Henderson, Ky., alleging that the article had been shipped on or about June 7, 1943, by the Ideal Pure Milk Co., from Evansville, Ind.; and charging that it was adulterated in that it consisted in whole or in part of a filthy and decomposed animal substance. The article was labeled in part: (Parchment wrapper) “Ideal Brand Butter Fancy Table Quality."

On November 22, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered sold to be mixed with other inedible grease.

5455. Adulteration of butter. U. S. v. 5 Cases of Butter. Default decree of condemnation. Product ordered sold to rendering plants. (F. D. C. No. 10337. Sample No. 41059-F.)

This product contained mold.

On July 19, 1943, the United States attorney for the Eastern District of Louisiana filed a libel against 5 cases of butter at New Orleans, La., alleging that the article had been shipped on or about June 24, 1943, by Jerpe Dairy Products Corporation, from Fayetteville, Ark.; 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: (Retail carton) "Clear Brook Creamery Butter Distributed by Wilson & Co., * Chicago, Ill."

On October 18, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered sold to rendering plants so that it might be manufactured into glycerine or other products for use in the war effort, provided that it was not to be used at any time for human consumption.

Con

5456. Adulteration of butter. U. S. v. 58 Boxes (3,712 pounds) of Butter. sent decree of condemnation. Product ordered released under bond for reworking into butter oil. (F. D. C. No. 10342. Sample No. 38299-F.)

Analysis showed that this product was contaminated with mold. On June 7, 1943, the United States attorney for the Western District of New York filed a libel against 58 64-pound boxes of butter at Buffalo, N. Y., alleging that the article had been shipped on or about June 2, 1943, from Chicago, Ill., by the Peter Fox Sons Co.; and charging that it was adulterated in that it consisted in whole or in part of a filthy or decomposed animal substance.

On August 6, 1943, the Peter Fox Sons Co., claimant, having admitted the facts set forth in the libel, judgment of condemnation was entered and the product was ordered released under bond for reworking into butter oil, under the supervision of the Food and Drug Administration.

5457. Adulteration of butter. U. S. v. 20 Tubs of Butter.

Consent decree of

condemnation. Product ordered released under bond for conversion into butter oil. (F. D. C. No. 10234. Sample No. 38158-F.)

This product contained mold.

On June 21, 1943, the United States attorney for the Northern District of Illinois filed a libel against 20 tubs of butter at Chicago, Ill., alleging that the article had been shipped in interstate commerce on June 8, 1943, by the Ravenwood Creamery from Ravenwood, Mo.; and charging that it was adulterated in that It consisted in whole or in part of a decomposed or filthy substance. The article was labeled in part: (Tracing) "Creamery Butter Distributed by Dauber Bros. Chicago, Illinois."

On June 30, 1943, Dauber Bros., claimant, having admitted the facts set forth in the libel and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for salvaging by purification and conversion into butter oil.

5458. Adulteration of butter. U. S. v. 8 Boxes and 212 Pounds and 33 Pounds of Butter. Decrees of condemnation. Product ordered disposed of for war purposes. (F. D. C. Nos. 10505, 10893. Sample Nos. 46275-F, 46286-F, 48603-F.)

Analysis showed that this product contained mold.

On August 10 and 16, 1943, the United States attorneys for the Northern District of West Virginia and the Eastern District of Kentucky filed libels against 8 boxes of butter at Newport, Ky., and 212 pounds and 33 pounds of butter at Morgantown, W. Va., alleging that the article had been shipped on or about July 16 and August 11, 1943, from Cincinnati, Ohio, by the Tri-State Butter Co.; and charging that it was adulterated in that it consisted in whole or in part of a filthy or decomposed animal substance. A portion of the article was labeled in part: (Carton) "Rich Pasture Creamery Butter." The remainder was labeled in part: (Carton) "Valley Farms Creamery Butter," or (wrapper) "Sunnydale Brand Butter."

On September 2 and 10, 1943, no claimant having appeared, judgments of condemnation were entered and a portion of the product was ordered to be disposed of for war purposes pursuant to the request of the War Production Board, and the remainder was ordered sold to a renderer for use as salvage fats.

5459. Adulteration of butter. U. S. v. 13 Cases and 45 Cases of Butter. Consent decrees of condemnation. Product ordered released under bond to be denatured or manufactured into butter oil. (F. D. C. Nos. 10151, 10299. Sample Nos. 9618-F, 41242-F.)

This product, in addition to containing mold, was also deficient in milk fat. On June 4 and 24, 1943, the United States attorney for the Southern District of Alabama filed libels against 13 cases and 45 cases, each containing 32 pounds, of butter at Mobile, Ala., alleging that the article had been shipped in interstate commerce on or about May 25 and June 16, 1943, by Armour Creameries from Meridian, Miss.; and charging that it was adulterated. The article was labeled in part: (Carton) "Armour's Cloverbloom Butter."

The article was alleged to be adulterated in that it consisted in whole or in part of a decomposed substance, and in that a product containing less than 80 percent by weight of milk fat had been substituted therefor.

On September 30, 1943, Armour & Co., claimant, having admitted the allegations of the libels and consented to the entry of decrees, judgments of condemnation were entered and the product was ordered released under bond to be denatured or remanufactured for butter oil, under the supervision of the Food and Drug Administration.

5460. Adulteration of butter. U. S. v. 12 Cases and 10 Cases of Butter (and 1 other seizure action against butter). Decrees of condemnation. Portions of product ordered sold for use as salvage fats, and remainder ordered released under bond to be brought into compliance with the law. (F. D. C. Nos. 10504, 10892. Sample Nos. 42191-F, 42192-F, 43551-F.)

A portion of this product was contaminated with mold and the remainder was deficient in milk fat.

On or about August 12 and September 17, 1943, the United States attorneys for the Northern District of West Virginia and the Western District of Missouri filed libels against 22 cases of butter at Clarksburg, W. Va., and 27 cubes (1,728 pounds) of butter at Kansas City, Mo., alleging that the article had been shipped on or about July 2 and August 6, 1943, from Cincinnati, Ohio, and Oklahoma City, Okla., by the Beatrice Creamery Co.; and charging that it was adulterated. Portions of the article were labeled in part: "Meadow Gold Butter."

The shipment located at Clarksburg, W. Va., was alleged to be adulterated in that it consisted in whole or in part of a filthy or decomposed animal 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.

On September 7, 1943, no claimant having appeared for the lot at Clarksburg, judgment of condemnation was entered and the product was ordered sold to a renderer for use as salvage fats. On October 27, 1943, the Beatrice Creamery Co. having appeared as claimant for the lot at Kansas City and admitted the allegations of the libel, 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.

5461. Adulteration of butter. U. S. v. 14 Cases of Butter. Default decree of condemnation. Product ordered sold to a rendering plant.

No. 10344. Sample No. 41058-F.)

(F. D. C. On July 17, 1943, the United States attorney for the Eastern District of Louisiana filed a libel against 14 cases of butter at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about July 3, 1943, from Carthage, Mo., by the Carthage Creamery Co.; 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: (Retail carton) "Jersey Gold Creamery Butter." On October 18, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered sold to a rendering company for manufacture into glycerine or other products to be used in the war effort.

* * *

5462. Adulteration of butter. U. S. v. 14 Cases of Butter. Consent decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 10297. Sample No. 40882-F.)

On July 9, 1943, the United States attorney for the Eastern District of Louisiana filed a libel against 14 cases, each containing 32 1-pound prints, of butter at New Orleans, La., alleging that the article had been shipped in interstate commerce by the Fairmont Creamery Co., from Lawton, Okla., on or about June 30, 1943; 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 August 10, 1943, the Fairmont Creamery Co., Omaha, Nebr., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond with provision for shipment to Omaha, Nebr., for reworking into butter under the supervision of the Food and Drug Administration.

5463. Adulteration of butter. U. S. v. 24 Cases of Butter. Consent decree of condemnation. Product ordered released under bond for reworking.

(F. D. C. No. 10298. Sample No. 41041-F.)

On June 11, 1943, the United States attorney for the Eastern District of Louisiana filled a libel against 24 cases, each containing 32 pounds, of butter at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about May 27, 1943, by the Sugar Creek Creamery Co., from Russellville, Ark.; 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: (Cartons) "Sugar Creek Butter."

On June 30, 1943, the Sugar Creek Creamery Co., claimant, 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.

Con

5464. Adulteration of butter. U. S. v. 17 Cubes (1,071 pounds) of Butter. sent decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 10491. Sample No. 38921-F.) On August 5, 1943, the United States attorney for the Northern District of Illinois filed a libel against 17 cubes of butter at Chicago, Ill., alleging that the article had been shipped on or about July 16, 1943, by the Hinton Community Co-operative Creamery from Hinton, Okla.; 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: "Creamery Butter The Peter Fox Sons Co Distributors Chicago Ill."

On October 6, 1943, the Peter Fox Sons Co., claimant, having admitted the facts set forth in the libel, judgment of condemnation was entered and the product was ordered released under bond, conditioned that it be reworked under the supervision of the Food and Drug Administration.

5465. Adulteration of butter. U. S. v. 97 Boxes (3,104 pounds) of Butter. Consent decree of condemnation with provision for release for reworking. (F. D. C. No. 10232. Sample No. 45112-F.)

On or about June 30, 1943, the United States attorney for the District of New Jersey filed a libel against 97 boxes, each containing 32 1-pound prints, of butter at Jersey City, N. J., alleging that the article had been shipped in interstate commerce on or about June 4, 1943, by the Hunter-Walton Co. from New York, N. Y.; 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: (Prints) "Waverly Brand Creamery Butter Manufactured By Waverly Butter & Egg Co. Waverly, N. Y."

* *

*

On July 21, 1943, the Waverly Butter & Egg Co., Inc., claimant, 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 & Drug Administration.

5466. Adulteration of butter. U. S. v. 30 Cartons (1,800 pounds) of Butter. Consent decree of condemnation. Product ordered released under bond for reworking. (F. D. C. No. 10236. Sample No. 32533-F.)

On June 28, 1943, the United States attorney for the Northern District of Ohio filed a libel against 30 cartons, each containing 60 pounds, of butter at Cleveland, Ohio, alleging that the article had been shipped on or about June 12, 1943, by Lakota Farmers Cooperative Creamery Co. from Centerville, S. Dak. ; 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 Sold By Stonehill Cry Cleveland, Ohio."

On July 13, 1943, the Stonehill Creamery Company, claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond, conditioned that it be reworked under the supervision of the Food and Drug Administration.

5467. Adulteration of butter. U. S. v. 18 Cubes (1,134 pounds) of Butter. Decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 10339. Sample No. 10860-F.)

On July 15, 1943, the United States attorney for the Northern District of California filed a libel against 18 cubes of butter at San Francisco, Calif., alleging that the article was shipped in interstate commerce on or about June 29, 1943, by the Moundridge Co-op. Creamery Co. from Moundridge, Kans.; and charging that it was adulterated in that a product containing less than 80 per-" cent by weight of milk fat had been substituted for butter.

On August 4, 1943, O. Casperson & Sons, San Francisco, Calif., having appeared as claimant, judgment of condemnation was entered and the product was ordered released upon the deposit of cash collateral, conditioned that it be made to conform with the law under the direction of the Food and Drug Administration. The product was reworked to the legal standard.

5468. Adulteration of butter. U. S. v. 14 Tubs of Butter. Consent decree of condemnation. Product ordered released upon execution of bond or deposit of cash collateral, conditioned that it be reworked. (F. D. C. No. 7626. Sample No. 89645-E.)

On June 2, 1942, the United States attorney for the Southern District of New York filed a libel against 14 tubs, each containing approximately 64 pounds, of butter, at New York, N. Y., alleging that the article had been shipped on or about May 22, 1942, by the Pemberton Cooperative Creamery Co., Pemberton, Minn.; 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: (Tubs) "Butter S & W Waldbaum Inc Distribu

tors New York, N. Y."

* *

On June 13, 1942, the Pemberton Cooperative Creamery Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released upon execution of a bond or deposit of cash collateral, conditioned that it be reworked so that it would comply with the law. 5469. Adulteration and misbranding of butter. U. S. v. Moundridge Cooperative Creamery Co. Plea of guilty. Fine, $25 and costs. (F. D. C. No. 10552. Sample No. 11293-F.)

On October 11, 1943, the United States attorney for the District of Kansas filed an information against the Moundridge Cooperative Creamery Co., Moundridge, Kans., alleging shipment on or about April 27, 1943, from the State of Kansas into the State of California of a quantity of butter that was adulterated and misbranded.

It was alleged to be adulterated in that a valuable constituent, milk fat, had been in part omitted therefrom, and in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

It was alleged to be misbranded in that it was in package form and did not bear a label containing the name and place of business of the manufacturer, packer, or distributor; and in that it was in package form and did not bear a label containing an accurate statement of the quantity of the contents, that is, the label on the packages bore no statement of the quantity of the contents.

On December 13, 1943, a plea of guilty was entered on behalf of the defendant and the court imposed a fine of $25 and costs.

5470. Adulteration and misbranding of butter. U. S. v. Rising Sun Creamery, Inc. Plea of guilty. Fine, $50. (F. D. C. No. 9681. Sample Nos. 31720-F, 31895-F, 31897-F, 48013-F.)

A portion of this product was short weight and a part was deficient in milk fat. On August 24, 1943, the United States attorney for the Southern District of Indiana filed an information against the Rising Sun Creamery, Inc., Rising Sun, Ind., alleging shipment on or about November 20, 1942, and February 24, and 26 and April 21, 1943, from the State of Indiana into the State of Ohio of quantities of butter, a portion of which was adulterated and the remainder of which was misbranded. It was labeled in part: (Wrappers) "8 Oz. Net Indiana Ideal * * Creamery Butter," or "Cottage Butter 4 Lb. Net Weight."

*

The shipments of "Cottage Butter" on February 26 and April 21, 1943, were alleged to be adulterated in that a valuable constituent, milk fat, had been in whole or in part omitted therefrom, and in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

The shipments of "Creamery Butter" and "Cottage Butter" on November 20, 1942, and February 24, 1943, respectively, were alleged to be misbranded (1) in