NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT [Given pursuant to section 705 of the Food, Drug, and Cosmetic Act] 5601-5800 FOODS The cases reported herewith were instituted in the United States District Courts by the United States attorneys acting upon reports submitted by direction of the Federal Security Administrator. PAUL V. MCNUTT, Administrator, Federal Security Agency. 5601. Adulteration of grapefruit-flavored beverage base. U. S. v. 9 Bottles of Grapefruit Flavored Beverage Base. Default decree of condemnation and destruction. (F. D. C. No. 12331. Sample No. 8442-F.) On May 8, 1944, the United States attorney for the Western District of Wisconsin filed a libel against 9 bottles of grapefruit-flavored beverage base at Mineral Point, Wis., alleging that the article had been shipped on or about March 10, 1944, by the National Fruit Flavor Co., Inc., New Orleans, La.; and charging that it was adulterated in that it contained an added poisonous and deleterious substance, monochloracetic acid, which was unsafe within the meaning of the law, and in that it was an added poisonous and deleterious substance which was not required in the production of the article and could have been avoided by good manufacturing practice. It was labeled in part: "Grapefruit Flavored Beverage Base 8-1." On June 19, 1944, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 618827-45 349 5602. Adulteration and misbranding of carbonated beverages. U. S. v. 2,084 Cases and 6,000 Cases of Carbonated Beverages. Default decrees of condemnation. Beverage contents ordered destroyed, with provision for the sale of the empty bottles. (F. D. C. Nos. 10410, 10789. Sample Nos. 31085-F, 43114-F.) On or about August 19 and October 5, 1943, the United States attorneys for the Western District of Washington and the District of Oregon filed libels against 2,084 cases at Seattle, Wash., and 6,000 cases at Portland, Oreg., each containing 12 bottles, of carbonated beverages, alleging that the lot at Seattle and a portion of the lot at Portland (2,000 cases) had been shipped in interstate commerce on or about May 22 and June 10, 1943, from Chicago, Ill., by the S. & L. Beverage Co.; and charging that they were adulterated and misbranded. The articles shipped by that company were labeled in part: (Bottles) "Strawberry Soda [or "Lemon Soda," "Orange Soda," or "Root Beer"] Green Leaf Special Quality Beverages." They were alleged to be adulterated in that a valuable constituent, sugar, had been in part omitted therefrom, in that saccharin had been substituted for material amounts of sugar, and in that saccharin, having no food value, had been added thereto or mixed or packed therewith so as to reduce the quality or strength of the beverages. They were alleged to be misbranded in that the names "Strawberry Soda," "Lemon Soda," "Orange Soda," and "Root Beer," appearing in their labeling, were false and misleading as applied to articles containing saccharin, a nonnutritive substance. On October 4 and November 18, 1943, no claimant having appeared, judgments of condemnation were entered and the beverage contents of the bottles were ordered destroyed, with provision for the sale of the empty bottles. (See notices of judgment on foods, Nos. 5603 and 5604, for the disposition of the remaining 4,000 cases.) 5603. Adulteration of carbonated beverages. U. S. v. 6,000 Cases of Carbonated Beverages. Default decree of condemnation. Beverage contents ordered destroyed, with provision for the sale of the empty bottles. (F. D. C. No. 10790. Sample No. 43110-F.) On or about October 5, 1943, the United States attorney for the District of Oregon filed a libel against 6,000 cases, each containing 12 bottles, of carbonated beverages at Portland, Oreg., alleging that a portion of the article (2,000 cases) had been shipped in interstate commerce on or about May 22, 1943, from Chicago, Ill., by the Liberty Bott. (Liberty Bottling Co.); and charging that it was adul terated. This portion of the article was labeled in part: (Bottles) "Chicago's Favorite Carbonated Beverage." It was alleged to be adulterated in that a valuable constituent, sugar, had been in part omitted therefrom, in that saccharin had been substituted for material amounts of sugar, and in that saccharin, having no food value, had been added thereto or mixed or packed therewith so as to reduce the quality or strength of the beverages. On November 18, 1943, no claimant having appeared, judgment of condemnation was entered and the beverage contents of the bottles were ordered destroyed, with provisions for the sale of the empty bottles. (See notices of judgment on foods, Nos. 5602 and 5604, for the disposition of the remaining 4,000 cases.) 5604. Adulteration and misbranding of carbonated beverages. U. S. v. 6,000 Cases of Carbonated Beverages. Default decree of condemnation. Beverage contents ordered destroyed, with provision for the sale of the empty bottles. (F. D. C. No. 10791. Sample Nos. 43108-F, 43109-F.) On or about October 5, 1943, the United States attorney for the District of Oregon filed a libel against 6,000 cases, each containing 12 bottles, of carbonated beverages at Portland, Oreg., alleging that a portion of the articles (2,000 cases) had been shipped in interstate commerce on or about May 29, 1943, from Chicago, Ill., by the Silver Cup Beverage Co.; and charging that it was adulterated and misbranded. This portion of the articles was labeled in part: (Bottles) "Tasty Cherry Soda," or "Delight Creamy Root Beer." The articles were alleged to be adulterated in that a valuable constituent, sugar, had been in part omitted therefrom, in that saccharin had been substituted for material amounts of sugar, and in that saccharin, having no food value, had been added thereto or mixed or packed therewith so as to reduce the quality or strength of the beverages. DEPOSITED BY THE UNITED STATES OF AMERICA FEB 23 3 5601-5800] NOTICES OF JUDGMENT 351 They were alleged to be misbranded in that the names "Root Beer" and "Cherry Soda," appearing in their labeling, were false and misleading as applied to articles containing saccharin, a non-nutritive substance. On November 18, 1943, no claimant having appeared, judgment of condemnation was entered and the beverage contents of the bottles were ordered destroyed, with provision for the sale of the empty bottles. (See notices of judgment on foods, Nos. 5602 and 5603, for the disposition of the remaining 4,000 cases.) 5605. Adulteration and misbranding of orange drink. U. S. v. 100 Cases of Juce Rich California Orange. Decree of condemnation and destruction. (F. D. C. No. 10749. Sample No. 25375-F.) On September 15, 1943, the United States attorney for the Eastern District of Virginia filed a libel against 100 cases, each containing 6 half-gallon bottles, of Juce Rich California Orange in various lots at Alexandria and elsewhere in Arlington County, Va., alleging that the article had been shipped on or about September 7, 1943, by the American Stores Co. warehouse from Baltimore, Md.; and charging that it was adulterated and misbranded. It was labeled in part: (Bottles) "Citrus Products Co. Lexington 2106 Baltimore, Md." The article was alleged to be adulterated in that an artificially colored mixture of water, about 20 percent of orange juice, added orange oil, and acid had been substituted for a drink rich in orange juice, which it purported and was represented to be; in that inferiority had been concealed by the addition of artificial color, orange oil, and acid; and in that artificial color, orange oil, and acid had been added or mixed or packed therewith so as to make it appear better or of greater value than it was. It was alleged to be misbranded in that the statements as appearing in its labeling, "This is a Fruit Juice Food Product * * JUCE RICH CALIFORNIA ORANGE," and the design of oranges, were false and misleading as applied to an artificially colored mixture of water, about 20 percent orange juice, added orange oil, and acid; and in that the statements "Rich in Vitamins" and "Healthful" were false and misleading due to the fact that the first was capable of leading consumers to believe that the article had substantial amounts of a number of vitamins, whereas it did not. In fact, it was very low in vitamin C content, the one vitamin which would be expected by consumers to be present in substantial amounts in an orange juice product. On November 18, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. of condemnation. Decrees 5606. Misbranding of coffee. U. S. v. 800 Cases and 999 Cases of Coffee. Product ordered released under bond for relabeling. (F. D. C. Nos. 11223, 11224. Sample Nos. 49621-F, 49622-F.) Examination showed that this product was short-weight. On December 2, 1943, the United States attorney for the Western District of New York filed libels against 1,799 cases, each containing 12 jars, of coffee at Buffalo, N. Y., alleging that the article had been shipped on or about August 30 and October 4, 1943, from Chicago, Ill., by the Coffee Corporation of America; and charging that it was misbranded. The article was labeled in part: (Jars) "Arrow Blend Vacuum Packed Coffee One Pound Net Weight." The article was alleged to be misbranded in that the statement "One Pound Net Weight," appearing in its labeling, was false and misleading as applied to an article that was short-weight; and in that it was a food in package form and failed to bear a label containing an accurate statement of the quantity of the contents. On December 28, 1943, Joseph C. Bonerb having appeared as claimant, judgments of condemnation were entered and the product was ordered released under bond for relabeling under the supervision of the Food and Drug Administration. CEREALS. AND CEREAL PRODUCTS* ALIMENTARY PASTES 5607. Adulteration of macaroni. U. S. v. 54 Cases and 12 Cases of Macaroni. Default decree of condemnation and destruction. (F. D. C. No. 10730. Sample Nos. 39733-F, 39738-F.) Examination showed that this product contained weevils, insect fragments and Insect excreta, and that a portion, 12 cases, also contained beetles. See also Nos. 5766, 5769, 5800. On September 15, 1943, the United States attorney for the District of Arizona filed a libel against 66 cases, each containing 20 cellophane bags, of macaroni at Phoenix, Ariz., alleging that the article had been shipped in interstate commerce on or about April 17, 1943, by the Acme Macaroni & Cracker Co., Los Angeles, Calif.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part: (Bags) "Vitality Brand 100% No. 1 Semolina Macaroni Packed For Vitality Macaroni Co. Los Angeles, Calif.," or "Gold Stem Brand 100% No. 1 Semolina Macaroni Products." On October 22, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5608. Adulteration of spaghetti. U. S. v. 18 Boxes of Spaghetti. Decree of con demnation and destruction. (F. D. C. No. 10739. Sample No. 34242-F.) On September 13, 1943, the United States attorney for the Northern District of West Virginia filed a libel against 18 boxes, containing a total of approximately 360 pounds, of spaghetti at Wheeling, W. Va., alleging that the article had been shipped on or about March 19, 1943, by the Indiana Macaroni Company, Inc., from Indiana, Pa.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance, larvae, pupae, and insect fragments. The article was labeled in part: (Box) "La Gragnano Napoli Style Spaghetti." On October 16, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5609. Misbranding of noodles. U. S. v. 500 Cases of Noodles. Default decree of condemnation and destruction. (F. D. C. No. 12423. Sample No. 35902-F.) The labeled portion of this product was short weight. On or about May 25, 1944, the United States attorney for the Northern District of Georgia filed a libel against 500 cases, each containing 24 packages, of noodles at Atlanta, Ga., alleging that the article had been shipped on or about January 10, 1944, by the Globe Grocery Co., from Lowell, Mass.; and charging that it was misbranded. A portion of the article was labeled in part: (Packages) "Prince Macaroni Products * Net Weight One Pound Manufactured * By Prince Macaroni Mfg. Co., Lowell, Mass.," (cases) "Due to the shortage of boxes we used a 1-lb. printed box. This carton contains 24-8 oz. pkgs. Plain Medium Noodles." The remainder was contained in unlabeled 1-pound size packages. The labeled packages were alleged to be misbranded in that the statement "Net Weight One Pound" was false and misleading as applied to an article that weighed only half that amount, and in that its container was so filled as to be misleading since the packages were only about half filled. The unlabeled packages were alleged to be misbranded in that the article was in package form and failed to bear a label which contained the name and place of business of the manufacturer, packer, or distributor; and in that its label failed to bear the common or usual name of the food. Both lots were misbranded in that the article was in package form and failed to bear an accurate statement of the quantity of the contents. On June 12, 1944, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. CORN MEAL 5610. Adulteration of corn meal. U. S. v. 40 Bags of Corn Meal. Default decree (F. D. C. No. 11171. Sample No. On November 23, 1943, the United States attorney for the Southern District of Ohio filed a libel against 40 bags, each containing 25 pounds, of corn meal at Cincinnati, Ohio, alleging that the article, which had been consigned on or about November 11, 1943, had been transported in interstate commerce by William Feldhues from Covington, Ky.; 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 rodent excreta and rodent hairs. Some of the bags were unlabeled and some were labeled in part: "Corn Meal Made By Walton Feed Mills, Walton, Ky." judgment of condemnaDestruction of this On December 27, 1943, no claimant having appeared, tion was entered and the product was ordered destroyed. product was effected by mixing it with regular hog feed. 5611. Adulteration of corn meal. U. S. v. 60 Bags of Corn Meal. Default decree of condemnation and destruction. (F. D. C. No. 12101. Sample No. 52853-F.) On March 27, 1944, the United States attorney for the Eastern District of Virginia filed a libel against 60 10-pound bags of corn meal at Boykins, Va., alleging that the article had been shipped on or about March 11, 1944, by the Stephenson-Sykes Mill from Pendleton, N. C.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance by reason of the presence of rodent hair 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: (Bags) "Old Style Water Ground * * Corn Meal." On July 14, 1944, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. FLOUR Nos. 56 12 to 5632 report actions involving flour that was adulterated in that it was contaminated with one or more of the following types of filth: Beetles, weevils, insects and insect fragments, larvae, pupae, cast skins or capsules, insect excreta, webbing, mites, rodent pellets and rodent excreta fragments, urine, rodent hairs, rodent hair fragments, and fragments resembling rodent hairs. The action reported in Nos. 56 15 to 5620, incl., 5623, 5624, 5628, and 5631 involve flour that was stored under insanitary conditions, after shipment, whereby it might have become contaminated with filth. 5612. Adulteration of flour. U. S. v. 200 Bags of Flour. Decree of condemnation and destruction. (F. D. C. No. 10752. Sample No. 52827–F.) On or about September 14, 1943, the United States attorney for the Eastern District of Virginia filed a libel against 200 bags of flour at Norfolk, Va., alleging that the article had been shipped on or about April 26, 1943, by the Red Wing Milling Co. from Red Wing, Minn.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance because of the presence of insects, larvae, pupae, and insect fragments. It was labeled in part: "Red Wing Special Patent Bleached Flour." On November 19, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5613. Adulteration of flour. U. S. v. 541 Bags of Flour. Consent decree of condemnation. Product ordered released under bond for sale to foundries for industrial purposes. (F. D. C. No. 10836. Sample No. 34269-F.) On September 28, 1943, the United States attorney for the Western District of Pennsylvania filed a libel against 541 bags of flour at Pittsburgh, Pa., alleging that the article had been shipped on or about July 7, 1943, by the Atkinson Milling Co. from Minneapolis, Minn.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance because of the presence of storage insects, larvae, pupae, and cast skins. The article was labeled in part: "Big League First Clear Flour Blanched." On October 4, 1943, Charles Koch & Co., Pittsburgh, Pa., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be sold to foundries for industrial purposes such as the mixing of molds, casts, and chemical coloring matter. 5614. Adulteration of flour. U. S. v. 45 Bags of Flour. Decree of condemnation and destruction. (F. D. C. No. 10714. Sample No. 52825-F.) On or about September 10, 1943, the United States attorney for the Eastern District of Virginia filed a libel against 45 bags of flour at Norfolk, Va., alleging that the article had been shipped in interstate commerce on or about March 16, 1943, by the Crown Mills from Portland, Oreg. ; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance, larvae, insect fragments, cast skins, and mites. The article was labeled in part: "Herbert's Best Flour Packed Expressly For C. E. Herbert & Sons, Inc. Norfolk, Va." On October 20, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5615. Adulteration of flour. U. S. v. 30 Bags of Flour. Default decree of condemnation and destruction. (F. D. C. No. 10959. Sample No. 55311-F.) This product has been stored under insanitary conditions after shipment. The sacks showed numerous mouse pellets, and the interstices between some |