ALLEGED SHIPMENT: From on or about February 23 to December 30, 1943, by the Bonner Packing Co., from Fresno, Calif. PRODUCT: Fig paste: 910 cartons at Portland, Oreg., and 780 cartons at Buffalo, N. Y., labeled as containing 80 pounds. LABEL, IN PART: (Cartons) "Fine Grind Bonner Brand Adriatic Paste Figs," or "Blended White Fig Paste Packed by Cured Fruit Association of California San Francisco, Calif." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a filthy substance by reason of the presence of larvae, cast skins, insect fragments, and larva fragments. DISPOSITION: October 8, 1943, and August 4, 1944. The United Biscuit Co. of America having appeared as claimant for the lot at Buffalo, and the Bonner Packing Co. of Fresno, Calif., having appeared as claimant for the remaining lots, judgments of condemnation were entered and the product was ordered released under bond, the Buffalo lot to be reconditioned by segregating the good from the bad portion, and the Portland lots to be used for distillation, under the supervision of an employee designated by the Federal Security Administrator. 6330. Adulteration and misbranding of glacè fruit. U. S. v. Benjamin Weinberg and Giles Archie Vaccaro (Garden Fruit Glacè Co. and Fruit Specialties Co.) Pleas of guilty. Each defendant sentenced to 1 day in jail and $100 on each of the 19 counts in the indictment. (F. D. C. No. 11384. Sample Nos. 3943-F, 8277-F, 8366-F, 8478-F, 23892-F, 40708-F, 40710-F, 46775-F, 46776-F, 47309-F, 50237-F, 52938-F, 59518-F, 62404-F to 62408-F, incl.) INDICTMENT RETURNED: On March 31, 1944, in the Northern District of Illinois, against Benjamin Weinberg and Giles Archie Vaccaro, partners, trading as the Garden Fruit Glacè Co. and the Fruit Specialties Co., Chicago, Ill. ALLEGED SHIPMENT: From on or about July 2 to December 15, 1943, from the State of Illinois into the States of Missouri, Minnesota, Wisconsin, Pennsylvania, Tennessee, Virginia, and Michigan. VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a filthy substance; and, Section 402 (a) (4), it had been prepared, packed, or held under insanitary conditions whereby it might have become contaminated with filth. Misbranding (various portions), Section 403 (e) (1), the article was in package form and failed to bear a label containing the name and place of business of the manufacturer, packer, or distributor; Section 403 (e) (2), its label bore no statement of the quantity of the contents; Section 403 (i) (2), it was fabricated from two or more ingredients and its label failed to bear the common or usual name of each such ingredient; and, Section 403 (k), the article contained artificial coloring and failed to bear labeling stating that fact. DISPOSITION: September 13, 1944. Pleas of guilty having been entered, each defendant was sentenced to 1 day in jail and $100 on each of the 19 counts in the indictment. 6331. Adulteration of glacè fruit. U. S. v. 4 Pails of Glacè Fruit (and 18 other seizure actions against glacè fruit). Default decrees of condemnation. One lot ordered delivered to a charitable institution, to be denatured for use as animal feed; remaining lots ordered destroyed. (F. D. C. Nos. 11527, 11532, 11549 to 11551, incl., 11558, 11559, 11583, 11617, 11621 to 11625, incl., 11628, 11692, 11697, 11698, 11733, 11760. Sample Nos. 3943-F, 8277-F, 8292-F, 8293-F, 8478-F, 23892-F, 40708-F, 40710-F to 40712-F, incl., 46775-F, 46776-F, 47309-F, 48152-F, 50237-F, 52938-F, 59434-F, 59518-F, 61083-F, 61084-F, 62404-F to 62408-F, incl., 62412-F, 62574–F, 67105–F). LIBELS FILED: Between December 29, 1943, and February 9, 1944, District of Minnesota, District of Nebraska, Eastern and Western Districts of Wisconsin, Eastern District of Michigan, Western District of Kentucky, Western District of Tennessee, Middle and Western Districts of Pennsylvania, Western District of Texas, Eastern and Western Districts of Missouri, Eastern District of Virginia, Northern District of Iowa. ALLEGED SHIPMENT: From on or about October 31, 1942, to December 17, 1943, by the Garden Fruit Glacé Co., Inc., Chicago, Ill.; with the exception of two pails which were shipped by the T. F. Naughtin Co., from Omaha, Nebr., on or about October 20, 1943. PRODUCTS Glacé fruit: 4 pails at Flint, Mich., 18 pails at Milwaukee, Wis., 7 pails at Lansing, Mich., 2 pails at Wilkes-Barre, Pa., 3 pails at Rochester, Minn., 3 pails at Kansas City, Mo., 4 pails at Sioux City, Iowa, 9 pails at Richmond, Va., each pail containing 40 pounds; 4 40-pound pails and 40 pounds at Minneapolis, Minn.; 130 40-pound pails and 9 cartons, each containing 4 10-pound jars, at St. Louis, Mo.; 10 boxes, each containing 10 pounds, at Omaha, Nebr.; 2 500pound barrels at Louisville, Ky.; 3 40-pound tubs at Memphis, Tenn.; 3 40pound tubs at Braddock, Pa.; 1 75-pound barrel and 57 40-pound pails at San Antonio, Tex.; and 2 56-pound pails at Stevens Point, Wis. Investigation disclosed that the product had been manufactured from garbage. LABEL, IN PART: (Various portions of the article) "Garden Brand Glace Fruits Fancy Mixture [or "Supreme Mixture," "Special Mixture," "Superior Mixture,' or "Tutti Fruitti"]," (boxes) "Lemon Halves," (one pail of Minneapolis lot) "La Pedes Food Prod. Minneapolis, Minn." * 2 VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a filthy substance by reason of the presence of one or more of the following types of filth: Egg shell fragments, larvae, insect fragments, insects, sand, rust fragments, wood fragments and splinters, coffee grounds, portion of onion skin, citrus seeds, fragments of coal, fragment of sand, carbonaceous and woody particles, cat hair, fragments resembling rodent hair, a piece of brown paper, rodent hairs, meat fragments, and cinders. Further adulteration charged against all but two of the lots, Section 402 (a) (4), they had been prepared under insanitary conditions whereby they might have become contaminated with filth. DISPOSITION: Between January 28 and April 13, 1944. No claimant having appeared, judgments of condemnation were entered. The lots at St. Louis were ordered denatured and sold for purposes other than human consumption, the lot at San Antonio was ordered delivered to a charitable institution to be denatured for use as animal feed, and the remaining lots were ordered destroyed. No purchaser having been found for the lots at St. Louis, amended decrees were entered on May 1 and 4, 1944, ordering the product destroyed. 6332. Adulteration of pineapple filling. U. S. v. 2 Pails of Pineapple. Default decree of condemnation and destruction. (F. D. C. No. 11468. Sample No. 20049-F.) LIBEL FILED: December 20, 1943, District of Maine. ALLEGED SHIPMENT: On or about October 11, 1943, by the Natural Products Co., from Boston, Mass. PRODUCT: 2 pails, each containing approximately 30 pounds, of pineapple at Portland, Maine. LABEL, IN PART: “Natural Fruit Pineapple." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: February 1, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. CANNED VEGETABLES 6333. Adulteration of canned corn. U. S. v. 80 Cases of Canned Corn. decree of condemnation and destruction. (F. D. C. No. 11298. No. 26394-F.) Default LIBEL FILED: December 10, 1943, Western District of Louisiana. PRODUCT: 80 cases, each containing 6 No. 10 cans, of corn at Shreveport, La. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: February 28, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. Destruction was effected by use of the product for hog feed. 6334. Adulteration of canned corn. U. S. v. 244 Cases of Canned Corn. Default decree of condemnation and destruction. (F. D. C. No. 11596. Sample No. 58046-F.) LIBEL FILED: January 8, 1944, District of Colorado. ALLEGED SHIPMENT: On or about November 11, 1943, by the Eddington Canning Co., from Springville, Utah. PRODUCT: 244 cases, each containing 24 1-pound, 4-ounce cans, of corn at Denver, Colo. LABEL, IN PART: (Cans) "Eddington's Utah Trail Golden Bantam Golden Sweet Cream Style Corn." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a filthy substance, corn ear worm fragments and miscellaneous insect fragments. DISPOSITION: March 2, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6335. Misbranding of canned eggplant appetizer. U. S. v. 300 Cases of Egg Plant Appetizer. Decree ordering product released under bond to be relabeled. (F. D. C. No. 10938. Sample No. 13985–F.) LIBEL FILED: October 13, 1943, Southern District of California. ALLEGED SHIPMENT: On or about July 30, 1943, by the Uddo & Taormina Co., from Crystal Springs, Miss. PRODUCT: 300 cases, each containing 48 cans, of eggplant appetizer at Los Angeles, Calif. LABEL, IN PART: (Can) "Progresso Net Contents 9 Ozs. Avoir. Egg plant Appetizer * * * Caponata" VIOLATIONS CHARGED: Misbranding, Section 403 (a), the statement "Net Contents 9 Ozs. Avoir." was false and misleading as applied to an article that was short weight; and, Section 403 (e) (2), it was in package form and the label failed to bear an accurate statement of the quantity of the contents. DISPOSITION: November 1, 1943. The Uddo & Taormina Co. having appeared as claimant, judgment was entered ordering that the product be released under bond to be relabeled under the supervision of the Food and Drug Administration. 6336. Adulteration of canned green beans. U. S. v. 85 Cases of Canned Green Beans. Default decree of condemnation. Product ordered delivered to a welfare organization, for use as hog feed. (F. D. C. No. 11172. Sample No. 7158-F.) LIBEL FILED: On or about December 2, 1943, Western District of Missouri. ALLEGED SHIPMENT: On or about August 3, 1943, by the Bentonville Canning Co., from Bentonville, Ark. PRODUCT: 85 cases, each containing 6 No. 10 cans, of green beans at Jefferson LABEL, IN PART: (Cans) "Mayflower Cut Green Beans Distributed by VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: February 18, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a welfare organization, for use as hog feed. 6337. Adulteration of canned green beans. U. S. v. 600 Cases of Canned Green Beans. Default decree of condemnation. Product ordered delivered to a welfare organization, to be used as hog feed. (F. D. C. No. 10865. Sample No. 43348-F.) LIBEL FILED: On or about October 12, 1943, Western District of Missouri. ALLEGED SHIPMENT: On or about July 22, 1943, by the Hargis Canneries, Inc., from Fayetteville, Ark. PRODUCT: 600 cases, each containing 24 cans, of cut green beans at Kansas City, Mo. LABEL, IN PART: "Hargis Brand Cut Green Beans." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: February 2, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a welfare organization, to be used as hog feed. 6338. Misbranding of canned green beans. U. S. v. 452 Cases of Green Beans. Decree of condemnation. Product ordered released under bond to be relabeled. (F. D. C. No. 11644. Sample No. 65310-F.) LIBEL FILED: January 14, 1944, District of Idaho. ALLEGED SHIPMENT: On or about September 21, 1943, by the Northwest Packing Co., from Portland, Oreg. PRODUCT: 452 cases, each containing 24 cans, of green beans at Boise, Idaho. LABEL, IN PART: (Cans) "Mt. Hood Short Cut Green Beans" [vignette of a dish containing middle cuts of green beans]. VIOLATION CHARGED: Misbranding, Section 403 (a), the vignette of a dish containing middle cuts of green beans and the term "Short Cut Beans," appearing in the labeling, were misleading as applied to a product which consisted mainly of tip ends and scraps of string beans. DISPOSITION: February 9, 1944. The Northwest Packing Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be relabeled under the supervision of the Federal Security Agency. 6339. Adulteration of canned peas. U. S. v. 568 Cases and 746 Cases of Canned Peas (and 1 other seizure action against canned peas). Decrees of condemnation. Portion ordered delivered to a welfare organization, for use as hog feed; remainder ordered destroyed. (F. D. C. Nos. 11226, 11602, 11603. Sample Nos. 43701-F, 43702-F, 66422-F, 66423-F.) LIBELS FILED: On or about December 8, 1943, to February 18, 1944, District of Kansas and Western District of Missouri. ALLEGED SHIPMENT: On or about October 20 and 25, 1943, by the River View Canning Corp., Markesan, Wis. PRODUCT: Peas: 1,994 cases at Kansas City, Mo., 568 cases at Wichita, Kans., and 746 cases at Arkansas City, Kans., each case containing 24 cans. * * * ** Examination showed that the peas had an abnormal odor resembling that of stale sewage. Inspectional evidence disclosed that, beginning with July 8, 1943, the water supply used by the River View Canning Corporation was polluted from the contamination of the well water with sewage from a defective sewage system. This polluted water was used in preparing the brine in which the peas were subsequently packed. LABEL, IN PART: (Portions, cans) "Pan Tree Early June Peas Distributed By The Ranney-Davis Mercantile Co.," "Mother Goose Brand Early June Peas ** The H. D. Lee Mercantile Co. Distributors Kansas City, Mo., Salina, Kas.," or "Wiscos Brand Early June Peas Packed By Fall River Canning Co. Fall River, Wis." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a filthy, putrid, or decomposed substance and was otherwise unfit for food; and Section 402 (a) (4), it had been prepared and packed under insanitary conditions whereby it might have become contaminated with filth. DISPOSITION: January 11, 1944. No claimant having appeared for the Kansas City lot, judgment of condemnation was entered and the product was ordered delivered to a welfare organization, for use as hog feed. On March 13, 1944, the consignee of the remaining lots having admitted that the lots were adulterated as alleged in the libel, judgments of condemnation were entered and the peas were ordered destroyed. 6340. Adulteration and misbranding of canned peas. U. S. v. 329 Cases of Canned Peas. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 11783. Sample No. 58817-F.) LIBEL FILED: February 10, 1944, District of Maryland. ALLEGED SHIPMENT: On or about January 21, 1944, from Norfolk, Va. This was a shipment returned to the original shipper. PRODUCT: 329 cases, each containing 100 6-ounce cans, of peas at Baltimore, Md. LABEL, IN PART: (Cans) "Primo Brand Moyens Peas Prepared from Dried Peas Packed By J. Langrall & Bro., Inc. Baltimore, Md." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. Misbranding, Section 403 (h) (1), the article was a smooth skin variety of peas, and its quality fell below the standard prescribed by the regulations for such peas because of alcohol-insoluble solids in excess of 23.5 percent, and its label did not bear the substandard legend, as required by the regulations. DISPOSITION: March 8, 1944. J. Langrall & Bro., Inc., claimant, 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. The unfit portion of the product was subsequently destroyed, and the remainder was relabeled. 6341. Misbranding of canned peas. U. S. v. 803 Cases of Canned Peas. Product ordered released under bond to be relabeled. (F. D. C. No. 11788. Sample Nos. 57945-F, 57954-F.) LIBEL FILED: February 11, 1944, District of Colorado. ALLEGED SHIPMENT: On or about August 14, 1943, by the Rocky Mountain Packing Corporation, from Murray, Utah. PRODUCT: 803 cases, each containing 6 No. 10 cans, of peas at Denver, Colo. LABEL, IN PART: (Cans) "Naturipe Brand Sugar Peas." VIOLATION CHARGED: Misbranding, Section 403 (h) (1), the article purported to be and was represented as a food for which a standard of quality has been prescribed by regulations promulgated pursuant to law, and its quality fell below the standard since less than 90 percent by count of the peas in the container of the article were crushed by a weight of not more than 907.2 grams (2 pounds), and its label failed to bear, as required by regulations, a statement that it fell below the standard. DISPOSITION: March 25, 1944. The Rocky Mountain Packing Corporation, claimant, having admitted the allegations of the libel, judgment was entered ordering that the product be released under bond to be relabeled under the supervision of the Food and Drug Administration. 6342. Misbranding of canned peas. U. S. v. 798 Cases of Canned Peas. Decree of condemnation. Product ordered released under bond to be relabeled. (F. D. C. No. 11248. Sample No. 46698-F.) LIBEL FILED: December 7, 1943, Eastern District of Michigan. ALLEGED SHIPMENT: On or about August 4, 1943, by the Fox Valley Canning Co., Hortonville, Wis. PRODUCT: 798 cases, each containing 24 unlabeled cans, of peas at Detroit, Mich. There was no written agreement between the shipper and the consignee as to the labeling of the product. The shipment was invoiced as substandard peas. VIOLATIONS CHARGED: Misbranding, Section 403 (e) (1), the product was a food in package form and it failed to bear a label containing the name and place of business of the manufacturer, packer, or distributor; Section 403 (e) (2), it failed to bear a label containing an accurate statement of the quantity of the contents; Section 403 (g) (2), it purported to be and was represented as a food for which a definition and standard of identity has been prescribed by regulations, and its label failed to bear the name of the food specified in the definition and standard; and, Section 403 (h) (1), it was a smooth skin variety of peas, and its quality fell below the standard prescribed by the regulations for such peas because of alcohol-insoluble solids in excess of 23.5 percent, and its label did not bear the substandard legend. DISPOSITION: January 27, 1944. Philip N. Shammas, doing business as the S. & G. Wholesale Grocery Company, Detroit, Mich., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be relabeled under the supervision of the Food and Drug Administration. 6343 Misbranding of canned peas. U. S. v. 902 Cases of Canned Peas. Decree of condemnation. Product ordered released under bond to be relabeled. (F. D. C. No. 11452. Sample Nos. 46697-F.) LIBEL FILED: December 20, 1943, Eastern District of Michigan. ALLEGED SHIPMENT: On or about August 6, 1943, by the River View Canning Corp., Markesan, Wis, |