Misbranding, Section 403 (a), the statements on the labeling of various portions of the article, "Apple Cider Vinegar," "Apple Cider Vinegar Full Strength," and "Apple Cider Vinegar Diluted [or "Reduced"] with Water to 42% (or "5%"] Acetic Acid Strength," were false and misleading since the article did not consist solely of apple cider vinegar as represented, but was in whole or in part a substance containing volatile acids derived from sources other than apple cider vinegar; Section 403 (b), the article was offered for sale under the name of another food; and, Section 403 (i) (2), it was fabricated from two or more ingredients and its label did not bear the common or usual name of such ingredients.

Giving of a false guaranty, Section 301 (h), on or about June 27, 1939, the defendants guarantied the Morey Mercantile Co., Denver, Colo., that all goods furnished to the latter company would be neither misbranded nor adulterated, and thereafter sold and delivered to that company a quantity of vinegar labeled "Apple Cider Vinegar" which was adulterated and misbranded in the manner described above.

DISPOSITION: December 22, 1943. Pleas of nolo contendere having been entered, each defendant was fined $200 on each of 19 counts, a total fire of $3,800 for each defendant.

VEGETABLES*

6724. Adulteration of pinto beans. U. S. v. 5 Bags of Pinto Beans. Default decree of forfeiture and destruction. (F. D. C. No. 12986. Sample No. 68054-F.)

LIBEL FILED: July 20, 1944, Southern District of Indiana.

ALLEGED SHIPMENT: On or about February 5, 1944, from Colorado Springs, Colo. PRODUCT: Pinto beans: 5 bags, each containing 100 pounds, at Evansville, Ind., in the possession of A. Bromm and Co., Inc.

This product had been stored, after shipment, under insanitary conditions. Examination of the product disclosed the presence of rodent excreta pellets and urine. VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance; and Section 402 (a) (4), it had been held under insanitary conditions whereby it may have become contaminated with filth.

DISPOSITION: September 12, 1944. No claimant having appeared, judgment of forfeiture was entered and the product was ordered destroyed. Destruction was effected by feeding the product to hogs.

6725. Adulteration of canned pork and beans with tomato sauce. U. S. v. 115 Cases of Pork and Beans (and 1 other seizure action against pork and beans). Decrees of condemnation. Product ordered released under bond. (F. D. C. Nos. 11770, 11840, 11841. Sample Nos. 67011-F, 67020-F.) LIBELS FILED: February 9 and 16, 1944, Eastern and Western Districts of Oklahoma.

ALLEGED SHIPMENT: On or about November 29, 1943, and January 6, 1944, by the Morgan Packing Co., Austin, Ind.

PRODUCT: Pork and beans: 328 cases at Oklahoma City, Okla., 250 cases at Clinton, Okla., and 115 cases at McAlester, Okla., each case containing 24 1-pound, 11⁄2-ounce jars.

Examination showed that the product in some jars was sour and moldy, and in other jars sour and decomposed.

LABEL, IN PART: (Jars) "American Beauty Pork & Beans With Tomato Sauce." VIOLATION CHARGED: Adulteration, Section 402 (a)(3), the product consisted in whole or in part of a decomposed substance.

DISPOSITION: March 16 and April 14, 1944. The Morgan Packing Co., claimant, having admitted the allegation of the libels, judgments of condemnation were 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. The unfit portion was segregated and destroyed.

See also No. 6604.

6726. Adulteration and misbranding of canned turnip greens and canned mustard greens. U. S. v. 500 Cases of Canned Turnip Greens (and 2 other seizure actions against canned mustard greens and turnip greens.) Consent decree of condemnation. Products ordered released under bond.

(F. D. C. No. 11240. Sample Nos. 47789-F to 47791-F, incl.) LIBELS FILED: December 6, 1943, Eastern District of Missouri. ALLEGED SHIPMENT: On or about July 30, 1943, by the Whiteside Canners, Van Buren, Ark.

PRODUCT: 500 cases, each containing 24 1-pound, 11-ounce cans, and 185 cases, each containing 6 No. 10 cans, of turnip greens; and 250 cases, each containing 24 1-pound, 9-ounce cans, of mustard greens at St. Louis, Mo. LABEL, IN PART: (Cans) "Mayfair * * * Turnip Greens Distributed By Central Canners Inc. Fayetteville, Arkansas," "Durham Brand Mustard Greens * * * Packed By Durham Canning Co., Durham, Ark.," or "American Lady-Topmost Brand Fancy Turnip Greens General Grocer Co. Distributors St. Louis, Mo."

VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), grass blades and stems had been substituted in whole or in part for the articles; and, Section 402 (b) (4), grass blades and stems had been mixed or packed therewith so as to reduce the articles' quality or strength.

Misbranding, Section 403 (a), the names "Turnip Greens" or "Mustard Greens," appearing on the labeling of the products, were false and misleading as applied to the articles.

DISPOSITION: March 28, 1944. Cases consolidated. H. H. Myer and Virginia B. Whiteside, trading as the Whiteside Canners, claimant, having admitted the allegations of the libels, judgment of condemnation was entered and the products were ordered released under bond to be relabeled and brought into compliance with the law, under the supervision of the Food and Drug Administration.

6727. Adulteration of canned peas. U. S. v. 1,800 Cases and 1,011 Cases of Canned Peas. Decrees of condemnation. Portion of product ordered released under bond; remainder ordered sold. (F. D. C. Nos. 12306, 12653. Sample Nos. 72300-F, 72731-F, 80481-F.)

LIBELS FILED: May 2 and July 20, 1944, Eastern District of Missouri; latter libel amended July 24, 1944.

ALLEGED SHIPMENT: On or about April 6 and 19, 1944, by Lansing B. Warner, Inc., from Penn Yan and Shortsville, N. Y.

PRODUCT: Canned peas: 1,800 cases and 1,011 cases, each containing 24 cans, at St. Louis, Mo. Libel covering latter lot amended to cover 500 cases, the amount seized.

LABEL, IN PART: (Portion, cans) "AG Quality Brand Delicious Small Peas Fancy Sweet Contents 1 Lb. 4 Oz. Associated Grocers Company, Inc. Distributors St. Louis, Mo."

VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance.

DISPOSITION: May 23, 1944. Lansing B. Warner, Inc., Chicago, Ill., claimant for the 1,800 cases, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for resorting and destruction of the unfit portion, under the supervision of the Food and Drug Administration. No claimant having appeared for the remaining lot, judgment of condemnation was entered and the product was ordered sold, provided that it be denatured so that it could not be used for human consumption.

Nos. 6728 to 6740 report actions involving canned peas that purported to be a food for which a standard of quality has been prescribed by law, but its quality fell below the standard because of higher alcohol-insoluble solids than the 23.5 percent maximum permitted by the standard, and its label failed to bear, in the manner and form that the regulations specify, a statement that it fell below the standard. In addition, the peas reported in Nos. 6735 to 6738 were below standard because of the high percentage of ruptured peas; those reported in Nos. 6738 and 6739 fell below the standard of fill of container; and those reported in No. 6740 failed to bear required labeling information.

6728. Misbranding of canned peas. U. S. v. 150 Cases of Peas.

Default decree of condemnation. Product ordered delivered to a charitable institution. (F. D. C. No. 12474. Sample No. 72754–F.)

LIBEL FILED: May 31, 1944, Eastern District of Missouri.
ALLEGED SHIPMENT: On or about August 5, 1943, by the Sauk City Canning
Co., Sauk City, Wis.

PRODUCT: 150 cases, each containing 24 cans, of peas at St. Louis, Mo.
"Belle of Sauk City Wisconsin Early June Peas."

LABEL, IN PART:

VIOLATION CHARGED: Misbranding, Section 403 (h) (1), this product was below standard.

DISPOSITION: July 15, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a charitable institution.

6729. Misbranding of canned peas. U. S. v. 746 Cases of Canned Peas. Consent decree of condemnation. Product ordered released under bond to be relabeled. (F. D. C. No. 12129. Sample No. 66552–F.)

LIBEL FILED:

April 4, 1944, Western District of Oklahoma.

ALLEGED SHIPMENT: On or about August 30, 1943, by the Friday Canning Corporation, from New Richmond, Wis.

PRODUCT: 746 cases, each containing 24 1-pound, 4-ounce cans, of peas at
Oklahoma City, Okla.

LABEL, IN PART: (Can) "Rainbow Brand *
Chicago, Ill., Exclusive Distributors."
VIOLATION CHARGED:

standard.

* Selected Products Inc.

Misbranding, Section 403 (h) (1), this product was below

DISPOSITION: May 16, 1944. The Fleming Co., Inc., Oklahoma City, Okla., 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.

Default

6730. Misbranding of canned peas. U. S. v. 79 Cases of Canned Peas. decree of condemnation. Product ordered delivered to charitable institutions. (F. D. C. No. 11231. Sample No. 53240-F.)

LIBEL FILED: December 11, 1943, Eastern District of Virginia.

ALLEGED SHIPMENT: On or about September 2, 1943, by the Frederick Canning Co., from Baltimore, Md.

PRODUCT: 79 cases, each containing 24 1-pound, 4-ounce cans, of peas at Newport News, Va.

LABEL, IN PART: (Cans) "Proclamation Brand Early June Peas."

VIOLATION CHARGED:

standard.

Misbranding, Section 403 (h) (1), this product was below

DISPOSITION: February 17, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to charitable institutions.

6731. Misbranding of canned peas. U. S. v. 176 Cases of Canned Peas. Decree ordering that the product be released under bond to be relabeled. (F. D. C. No. 10402. Sample No. 52890-F.)

LIBEL FILED: August 16, 1943, Eastern District of Virginia.

ALLEGED SHIPMENT: On or about July 17, 1943, by the Howard E. Jones Co., from Baltimore, Md.

PRODUCT: 176 cases, each containing 6 6-pound, 9-ounce cans, of peas at
Norfolk, Va.
LABEL, IN PART: "Assau's High Grade Brand * * * June Peas Dis-
tributed by W. F. Assau Canning Co. Baltimore, Md."

VIOLATION CHARGED: Misbranding, Section 403 (h) (1), this product was below standard.

DISPOSITION: September 1, 1943. The W. F. Assau Canning Co. having appeared as claimant, judgment was entered ordering the release of the product under bond for relabeling under the supervision of the Food and Drug Administration.

6732. Misbranding of canned peas. U. S. v. 308 Cases of Canned Peas.

Decree

of condemnation. Product ordered released under bond to be relabeled. (F. D. C. No. 12127. Sample No. 66554-F.)

LIBEL FILED: April 4, 1944, Western District of Oklahoma.

ALLEGED SHIPMENT: On or about December 3, 1943, by Onalaska Pickle and Canning Co., from Onalaska, Wis.

PRODUCT: 308 cases, each containing 24 1-pound, 4-ounce cans, of peas at Oklahoma City, Okla.

LABEL, IN PART: (Can) "Lone Eagle Early June Peas * * * Distributed By Collins-Dietz-Morris Co. Oklahoma City-Tulsa-Lawton Oklahoma." VIOLATION CHARGED: Misbranding, Section 403 (h) (1), this product was below standard.

DISPOSITION:

May 23, 1944. The Onalaska Pickle and Canning Co. having appeared as claimant, 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.

6733. Misbranding of canned peas. U. S. v. 849 Cases of Peas. Decree of condemnation. Product ordered released under bond to be relabeled. (F. D. C. No. 12093. Sample No. 40256-F.)

LIBEL FILED: March 25, 1944, District of Minnesota.

ALLEGED SHIPMENT: On or about November 1, 1943, by the Gale Packing Co., from Galesville, Wis.

PRODUCT: 849 cases, each containing 24 1-pound, 4-ounce cans, of peas at Minneapolis, Minn.

LABEL, IN PART: (Cans) "Banner Blue Brand *

Early June Peas."

Wisconsin Size 4

VIOLATION CHARGED: Misbranding, Section 403 (h) (1), this product was below standard.

DISPOSITION:

April 28, 1944. The Gale Packing Co., claimant, having admitted the material 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.

6734. Misbranding of canned peas. U. S. v. 178 Cases of Canned Peas. Consent decree of condemnation. Product ordered released under bond to be relabeled (F. D. C. No. 10844. Sample No. 52837-F.)

LIBEL FILED: September 28, 1943, Eastern District of Virginia.

ALLEGED SHIPMENT: On or about July 12, 1943, by J. Langrall & Bro., Inc., from Baltimore, Md.

PRODUCT: 178 cases, each containing 24 1-pound, 4-ounce cans, of peas at Norfolk, Va.

LABEL, IN PART:

(Cans) "Red Moon Brand Early June Peas." VIOLATION CHARGED: Misbranding, Section 403 (h) (1), this product was below standard. DISPOSITION: November 22, 1943. 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 relabeled under the supervision of the Food and Drug Administration.

6735. Misbranding of canned peas. U. S. v. 178 Cases of Canned Peas (and 2 other seizure actions against canned peas). Consent decrees of condemnation. Product ordered released under bond to be relabeled. (F. D. C. Nos. 10405, 10441, 10829. Sample Nos. 52836-F, 52882-F, 52888-F.) LIBELS FILED: Between August 16 and September 25, 1943, Eastern District of Virginia.

ALLEGED SHIPMENT: On or about June 24 and July 10, 1943, by J. Langrall & Bro., Inc., from Baltimore, Md.

PRODUCT: Peas: 1,314 cases, each containing 24 1-pound, 4-ounce cans, at Norfolk, Va.

LABEL IN PART: (Cans) "Red Moon Brand Early June Peas." VIOLATION CHARGED: Misbranding, Section 403(h)(1), in addition to the high alcohol-insoluble solids content of all the lots, portions of these peas were below standard because of the high percentage of ruptured peas in the containers.

DISPOSITION:

Between September 7 and November 22, 1943, J. Langrall & Bro., Inc., claimant, having admitted the allegations of the libels, judgments of condemnation were entered and the product was ordered released under bond to be relabeled under the supervision of the Food and Drug Administration. 6736. Misbranding of canned peas. U. S. v. The Frederick City Packing Co. Plea of guilty. Fine, $75 and costs. (F. D. C. No. 11374. Sample Nos. 35523-F, 46382-F, 46383-F.).

INFORMATION FILED: On March 7, 1944, in the District of Maryland, against the Frederick City Packing Co., a corporation, Frederick, Md.

ALLEGED SHIPMENT: From on or about July 24 to August 21, 1943, from the
State of Maryland into the States of North Carolina and Virginia.
LABEL, IN PART: "Proclamation [or "Pride of the Valley"] Brand
Early June Peas."

VIOLATION CHARGED: Misbranding, Section 403 (h) (1), in addition to the high alcohol-insoluble solids content, these peas were below standard because of the high percentage of ruptured peas.

DISPOSITION: May 25, 1944. The defendant having entered a plea of guilty, a fine of $25 was imposed on each of 3 counts, a total fine of $75, plus costs. 6737. Misbranding of canned peas. U. S. v. 94 Cases of Canned Peas (and 2 other seizure actions against canned peas). Decrees of condemnation. Two lots ordered released under bond; remaining lot ordered delivered to a charitable institution. (F. D. C. Nos. 10703, 10849, 11025. Sample Nos. 35522-F, 35833-F, 46367-F.)

LIBELS FILED: Between September 10 and December 6, 1943, Middle and Eastern Districts of North Carolina.

ALLEGED SHIPMENT: From on or about June 30 to July 2, 1943, by D. E. Foote & Co., Inc., from Baltimore, Md.

PRODUCT: Peas: 94 cases at Durham, N. C., 200 cases at Dunn, N. C., and 169 cases at Rocky Mount, N. C., each case containing 24 1-pound, 4-ounce cans. LABEL, IN PART: (Cans) "Family Brand Early June Peas."

VIOLATION CHARGED: Misbranding, Section 403 (h) (1), in addition to the high alcohol-insoluble solids content of all the lots, the lots at Durham and Rocky Mount were below standard because of the high percentage of ruptured peas in the containers.

DISPOSITION: Between December 10, 1943, and January 21, 1944, D. E. Foote & Co., Inc., claimant for the Rocky Mount and Dunn, N. C., lots, having admitted the allegations of the libels, judgments of condemnation were entered and the product was ordered released under bond to be brought into compliance with the law, under the supervision of the Federal Security Agency. On February 9, 1944, no claimant having appeared for the Durham lot, judgment of condemnation was entered and the product was ordered delivered to a charitable institution.

6738. Misbranding of canned pens. U. S. v. 142 Cases of Canned Peas. decree of condemnation. Product ordered released under bond. No. 10388. Sample No. 46343-F.)

Consent (F. D. C.

LIBEL FILED: August 17, 1943, Eastern District of North Carolina.
ALLEGED SHIPMENT: On or about June 30, 1943, by D. E. Foote & Co., Inc.,
Baltimore, Md.

PRODUCT: 142 cases, each containing 24 1-pound, 4-ounce cans, of peas at
Henderson, N. C.

LABEL, IN PART: (Can) "Family Brand Early June Peas."

VIOLATIONS CHARGED: Misbranding, Section 403 (h) (1), in addition to the high alcohol-insoluble solids content, the peas were below standard because of the high percentage of ruptured peas in the container; and, Section 403 (h) (2), the product fell below the standard of fill of container.

DISPOSITION: November 2, 1943. D. E. Foote & Co., 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, under the supervision of the Federal Security Agency.