NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT [Given pursuant to section 705 of the Food, Drug, and Cosmetic Act] 5801-6000 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. WATSON B. MILLER, Acting Administrator, Federal Security Agency. WASHINGTON, D. C., November 6, 1944. Product 5801. Adulteration and misbranding of coffee concentrate. U. S. v. 4 1-Gallon LIBEL FILED: June 19, 1943, District of Connecticut. ALLEGED SHIPMENT: On or about April 8, 1943, by the H. Heiman Co. from New PRODUCT: 41-gallon jugs of coffee concentrate at Hartford, Conn. Misbranding, Section 403 (a), in that the name, "Pure Coffee Concentrate," and the statements under directions, "For Coffee Syrup Coffee ConFor Hot Coffee-Replace 1⁄2 amount of coffee usually used 431 centrate * 619561-45 -1 by using for every 2 pound of coffee replaced 1 ounce of Coffee Concentrate. For example, where you used 5 pounds of Coffee, now use 21⁄2 pounds of Coffee and 5 ounces of Coffee Concentrate. With Silex-Use 1⁄2 pack of Coffee and 12 ounce of Coffee Concentrate," were false and misleading; and, Section 403 (b), the article was offered for sale under the name of another food. DISPOSITION: December 28, 1943. Henry Heiman appeared as claimant and admitted the allegation 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. 5802. Adulteration of cider. U. S. v. 380 Cases of Cider. Default decree of condemnation and destruction. (F. D. C. No. 11161. Sample Nos. 20837-F, 51470-F.) LIBEL FILED: November 23, 1943, District of Massachusetts. ALLEGED SHIPMENT: On or about October 27, 1943, by the Rowse Co., Hamlin, N. Y. PRODUCT: 380 cases, each containing 4 1-gallon jugs, of cider at Somerville, Mass. LABEL, IN PART: (Jugs) "Minute Man Sweet Cider." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the use, in the manufacture of the product, of rotton and wormy apples, and it consisted in whole or in part of a decomposed substance by reason of the presence of decomposed apple juice; Section 402 (a) (4), it had been prepared under insanitary conditions whereby it might have become contaminated with filth. DISPOSITION: January 31, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5803. Misbranding of imitation grape base. U. S. v. 31 Cases of Imitation Grape Base. Decree of condemnation. Product ordered released under bond to be brought into compliance with the law. (F. D. C. No. 10527. Sample Nos. 28988-F, 35703-F.) LIBEL FILED: September 2, 1943, Northern District of Georgia. ALLEGED SHIPMENT: On or about July 3, 1943, by Holler's Concentrated Beverages, Miami, Fla. PRODUCT: 31 cases, each containing 12 bottles, of imitation grape base at Atlanta, Ga. LABEL, IN PART: (Bottle) "Sexton's Contents 1 Pint Imitation Grape Base * * * packed for John Sexton & Co. Distributors Chicago-Brooklyn." VIOLATIONS CHARGED: Misbranding, Section 403 (a), in that the statement "Contents 1 Pint" was false and misleading as applied to an article that was short volume; and, Section 403 (e) (2), in that the article was in package form and failed to bear a label containing an accurate statement of the quantity of the contents. DISPOSITION: November 22, 1943. A. M. Lerner, J. Carter Hollis, Thelma Hollis, and Jacob Lerner, doing business as Holler's Concentrated Beverages, claimants, having 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. 5804. Adulteration of canned grapefruit juice. U. S. v. 199 Cases and 295 Cases of Canned Grapefruit Juice. Default decree of condemnation and destruction. (F. D. C. No. 9780. Sample No. 20612-F.) LIBEL FILED: April 9, 1943, District of Massachusetts. ALLEGED SHIPMENT: On or about February 22, 1943, by the Christensen Products Corporation, Weslaco, Tex. PRODUCT: 199 cases, each containing 24 No. 2 cans, and 295 cases, each containing 12 No. 3 cans, of grapefruit juice at Boston, Mass. LABEL, IN PART: "Tropic Gold Brand Unsweetened Grapefruit Juice." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy and decomposed substance by reason of the presence of scavenger flies and scavenger fly larvae, eggs and fragments, and DEPOSITED BY THE UNITED STATES OF AMERICA APR 10 '45 5801-6000] NOTICES OF JUDGMENT 433 mold; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it might have become contaminated with filth. DISPOSITION: February 21, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5805. Adulteration and misbranding of orangeade. U. S. v. 71 Cases of Orange Ade. Default decree of condemnation. Product ordered delivered to charitable institutions. (F. D. C. No. 11081. Sample No. 41582-F.) LIBEL FILED: November 9, 1943, Southern District of Alabama. ALLEGED SHIPMENT: On or about September 10, 1943, by the Sun-Rich Products Co., New Orleans, La. PRODUCT: 71 cases, each containing 12 half-gallon jars, of orangeade at Mobile, Ala. LABEL, IN PART: "Sun-Glow Orange Ade." VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), an artificially colored and acidulated liquid, sweetened with sugar and flavored with orange oil, containing orange pomace, a very small amount of orange juice, and an insignificant amount of vitamins, had been substituted in whole or in part for "Orange Ade Rich in Vitamins"; Section 402 (b) (3), inferiority had been concealed by the use of color, orange oil, and added acid; and, Section 402 (b) (4), color, orange oil, and acid had been added to or mixed or packed with the article so as to make it appear better or of greater value than it was. Misbranding, Section 403 (a), the statements, "Orange Ade Made From Fresh Ripe Fruit * * Rich In Vitamins Contains the juice of fresh California oranges," were false and misleading as applied to a product containing very little orange juice and an insignificant amount of vitamins; and, Section 403 (c), it was an imitation of another food, orangeade, and its label failed to bear, in type of uniform size and prominence, the word “imitation” and, immediately thereafter, the name of the food imitated. DISPOSITION: December 28, 1943. No claimant having appeared, default decree of condemnation was entered, and the product was ordered distributed to charitable institutions. CEREALS AND CEREAL PRODUCTS* ALIMENTARY PASTES 5806. Adulteration and misbranding of egg noodles. U. S. v. Prince Macaroni Manufacturing Co. Plea of guilty. Fine, $100. (F. D. C. No. 9665. Sample Nos. 18749-F, 19873-F.) INFORMATION FILED: June 28, 1943, District of Massachusetts, against the Prince Macaroni Manufacturing Co., a corporation, Lowell, Mass. ALLEGED SHIPMENT: From on or about October 15 to November 14, 1942, from the State of Massachusetts into the States of New York and Rhode Island. LABEL, IN PART: (Packages) "Pure Egg Noodles." VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), a valuable constituent, eggs, had been in whole or in part omitted from the article; Section 402 (b) (2), artificially colored noodles, containing less egg solids than egg noodles should contain, had been substituted in whole or in part for egg noodles, which the article was represented to be; Section 402 (b) (3), it was inferior to egg noodles and its inferiority had been concealed by the addition of artificial color; Section 402 (b) (4), artificial color had been added to or mixed or packed with the article so as to make it appear better or of greater value than it was; and, Section 402 (c), it contained a coal-tar color other than one from a batch that had been certified. Misbranding, Section 403 (a), the statements "egg noodles" and (portion) "Contains * 52% of solid egg yolk," appearing in the label, were false and misleading since the article did not consist of egg noodles and the said portion did not contain 51⁄2 percent of solid egg yolk; and, Section 403 (b), the article was not egg noodles, but was a food containing a smaller amount of eggs than egg noodles should contain, and it was offered for sale under the name of another food, egg noodles. DISPOSITION: October 13, 1943. A plea of guilty was entered on behalf of the defendant and the court imposed a fine of $100. "See also Nos. 5830, 5996, 5997, 6000. 5807. Adulteration of macaroni. U. S. v. Cardinale Macaroni Mfg. Co., Inc. Plea of guilty. Fine, $1,500. (F. D. C. No. 10585. Sample Nos. 22817-F, 28958-F.) INFORMATION FILED: January 5, 1944, Eastern District of New York, against the Cardinale Macaroni Mfg. Co., Inc., Maspeth, N. Y. ALLEGED SHIPMENT: On or about April 21 and 28, 1943, from the State of New York into the States of Delaware and South Carolina. LABEL, IN PART: "Cardinale." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of one or more of the following: Insect fragments, rodent hair fragments, charcoal, and small dirt fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it might have become contaminated with filth. DISPOSITION: February 1, 1944. The defendant having entered a plea of guilty, a fine of $750 on each of 2 counts, a total of $1,500, was imposed. 5808. Adulteration of macaroni. U. S. v. 21 Cartons of Macaroni. Default decree of condemnation and destruction. (F. D. C. No. 10936. Sample No. 39488-F.) LIBEL FILED: October 19, 1943, District of Arizona. ALLEGED SHIPMENT: On or about June 8, 1943, by the Fontana Food Products Co., San Francisco, Calif. PRODUCTS: 21 cartons of macaroni at Safford, Ariz. LABEL, IN PART: "Cel-Mac Brand Macaroni Products A Fontana Product CelMac Cellophane Macaroni.” VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance since it contained insect larvae and casts. DISPOSITION: December 2, 1943. No claim having been entered, the product was condemned and ordered destroyed. 5809. Adulteration of spaghetti and macaroni. U. S. v. 1,100 Cases of Spaghetti and 400 Cases of Macaroni. Default decree of condemnation and destruction. (F. D. C. No. 10859. Sample Nos. 47241-F, 47242-F.) LIBEL FILED: October 2, 1943, Western District of Tennessee. ALLEGED SHIPMENT: On or about August 11, 1943, by the V. Viviano & Bros. Macaroni Manufacturing Co., Inc., St. Louis, Mo. PRODUCT: 1,100 cases, each containing 24 cartons, of spaghetti, and 400 cases, each containing 24 cartons, of macaroni at Memphis, Tenn. LABEL, IN PART: "Belmont Spaghetti," or "Belmont Macaroni." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the products consisted in whole or in part of filthy substances since they contained insect fragments, rodent hair fragments, and fragments resembling rodent hairs; Section 402 (a) (4), they had been prepared under insanitary conditions whereby they might have become contaminated with filth. DISPOSITION: January 29, 1944. No claimant having appeared, a default decree of condemnation and destruction was entered. 5810 Adulteration of spaghetti and macaroni. U. S. v. 43 Cases and 126 Cases of Spaghetti and 126 Cases of Macaroni. Default decree of condemnation and destruction. (F. D. C. Nos. 11225, 11457. Sample Nos. 57688-F, 57692-F, 57693-F.) LIBELS FILED: December 4 and 18, 1943, Western District of Texas. ALLEGED SHIPMENT: On or about February 12, 1942, from Louisville, Ky., and on or about June 2 and 22, 1943, from Wichita, Kans., by the Kentucky Macaroni Co. PRODUCT: 169 cases of spaghetti and 126 cases of macaroni at El Paso, Tex. LABEL, IN PART: "Del Monico Brand Macaroni [or "Spaghetti"].” VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the products consisted in whole or in part of a filthy substance by reason of the presence of weevils (43 cases of spaghetti), and weevils, larvae, and insect fragments (126 cases of spaghetti and 126 cases of macaroni). DISPOSITION: December 28, 1943, and January 12, 1944. No claimant having appeared, the products were condemned and ordered destroyed. 5811. Misbranding of spaghetti dinner. U. S. v. 43 Cases of Spaghetti Dinner. Default decree of condemnation. Product ordered delivered to a Government hospital. (F. D. C. No. 10313. Sample No. 31182-F.) LIBEL FILED: August 9, 1943, Western District of Washington. ALLEGED SHIPMENT: On or about July 10, 1943, by the Eldridge Food Sales Co., Portland, Oreg. PRODUCT: 43 cases, each containing 24 cartons, of spaghetti and powdered seasoning material. LABEL, IN PART: "Golden Grain Real Italian-Style Spaghetti Dinner with Tomato-Cheese Sauce." VIOLATION CHARGED: Misbranding, Section 403 (d), the container of the prod uct was so filled as to be misleading since the spaghetti and sauce occupied less than 60 percent of the capacity of the carton. DISPOSITION: January 24, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a Govern ment hospital. BAKERY PRODUCTS 5812. Adulteration of fruit cake. U. S. v. 66 Cartons of Fruit Cake and 500 2-Pound and 40 4-Pound Fruit Cakes. Default decrees of condemnation. Product ordered destroyed. (F. D. C. Nos. 11509, 11510. Sample Nos. 50231-F, 50232-F, 66202-F.) LIBELS FILED: December 28 and 29, 1943, District of New Jersey and Northern District of Ohio. ALLEGED SHIPMENT: From on or about November 12 to 24, 1943, by the Five-Boro Baking Co., Long Island City, N. Y. PRODUCT: 66 cartons, each containing 1 4-pound fruit cake, and 500 2-pound and 40 4-pound fruit cakes at Jersey City, N. J., and Youngstown, Ohio. LABEL, IN PART: "Colonial De Lux [or "Old Fashioned"] Fruit Cake Distribu ted by the Mack-Murray Co., New York, N. Y." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance by reason of the presence of mold. DISPOSITION: March 14 and June 17, 1944. No claimant having appeared, judgments of condemnation were entered and product was ordered destroyed. 5813. Adulteration of cheese chips and graham wafers. U. S. v. 196 Dozen Packages and 72 Boxes of Cheese Chips and 89 Dozen Boxes of Graham Wafers. Default decrees of condemnation and destruction. (F. D. C. Nos. 11183, 11187. Sample Nos. 46683-F, 50214-F, 50215-F.) LIBELS FILED: November 26, 1943, Eastern District of Michigan; and November 29, 1943, Western District of Pennsylvania. ALLEGED SHIPMENT: From on or about September 23 to November 2, 1943, by the Laurel Biscuit Co., Dayton, Ohio. PRODUCT: 196 dozen packages of cheese chips at Detroit, Mich., and 72 boxes of cheese chips and 89 dozen boxes of graham wafers at Pittsburgh, Pa. LABEL, IN PART: "Laurel Cheese Chips," or "Laurel Graham Wafers." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the articles consisted in whole or in part of a filthy substance by reason of the presence of rodent hair fragments and insect fragments; and, Section 402 (a) (4), they had been prepared under insanitary conditions whereby they might have become contaminated with filth. DISPOSITION: January 11 and 27, 1944. No claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed. 5814. Misbranding of soya wafers. U. S. v. 48 Packages of Soya Wafers. Default decree of condemnation. Product ordered delivered to a charitable organization. (F. D. C. No. 10837. Sample No. 56440-F.) LIBEL FILED: September 27, 1943, District of New Jersey. ALLEGED SHIPMENT: On or about August 31, 1943, by J. S. Ivins' Son, Inc., Philadelphia, Pa. PRODUCT: 48 packages, each containing 6 boxes, of soya wafers, at Newark, N. J. LABEL, IN PART: "Ivins Soya thin Wafers." VIOLATION CHARGED: Misbranding, Section 403 (a), the name "Soya thin Wafers" was false and misleading as applied to an article in which the soy flour ingredient was not more than 15 percent of the total wheat flour and soy flour ingredients; and the statements on a side panel, "Soya thin Wafers Soya |