DEPOSITED BY THE NITED STATES OF AMERICA SEP II '45 6801-7000] NOTICES OF JUDGMENT 287 "Cherry Flavored Syrup," and "Raspberry Flavored Syrup," were misleading as applied to the articles, which contained artificial flavoring; and (34 case lot) the label statement, "Vanilla Flavored Syrup," was false and misleading as applied to an artificially flavored sirup; Section 403 (b), (all lots) they were offered for sale under the names of other foods; Section 403 (c), (all lots) they were imitations of other foods and their labels failed to bear, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated; Section 403 (k), (115 cases) they contained artificial flavoring and they failed to bear labeling stating that fact. DISPOSITION: September 11, 1944. The New York Syrup Corporation having admitted the allegations of the libel, judgment of condemnation was entered and the products were ordered released under bond to be relabeled under the supervision of the Food and Drug Administration. 6806. Adulteration of grapefruit juice. U. S. v. 179 Cases of Grapefruit Juice. Default decree of condemnation and destruction. (F. D. C. No. 13663. Sample No. 79078-F.) LIBEL FILED: September 12, 1944, Eastern District of Michigan. ALLEGED SHIPMENT: On or about June 27, 1944, by the Ridge Growers Cooperative, Inc., Frostproof, Fla. PRODUCT: Grapefruit juice: 179 cases, each containing 12 cans, at Detroit, Mich. This product contained maggots, fly eggs, and decomposed fruit material. LABEL, IN PART: "Ever Sweet Brand Fancy Unsweetened Florida Grapefruit Juice Cont. 1 Qt. 14 Fl. Oz.” VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy and decomposed substance; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: October 16, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. CEREALS AND CEREAL PRODUCTS ALIMENTARY PASTES 6807. Adulteration of alimentary paste. U. S. v. Porter-Scarpelli Macaroni Co. Plea of guilty. Fine, $100. (F. D. C. No. 11430. Sample Nos. 36522-F to 36524-F, incl., 36526-F.) INFORMATION FILED: On July 7, 1944, in the District of Utah, against the LABEL, IN PART: "Porter Wide Fril-Lets [or "Coil Vermicelli," "Elbow Spaghetti," or "Midget Sea Shell"]." 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 rodenttype hairs, insect parts, miscellaneous filth, a hair resembling a cat hair, a worm body part, one seta, and one sugar mite; and, Section 402 (a) (4), it had been prepared, packed, and held under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: September 25, 1944. A plea of guilty having been entered, the defendant was fined $50 on each of 2 counts, a total fine of $100. 6808. Adulteration of macaroni. U. S. v. 42 Boxes of Macaroni. Default decree of condemnation and destruction. (F. D. C. No. 13376. Sample No. 58984-F.) LIBEL FILED: August 23, 1944, Eastern District of Virginia. ALLEGED SHIPMENT: On or about October 1 and December 27, 1943, from Cincinnati, Ohio. PRODUCT: Macaroni: 42 boxes, each containing 20 pounds, at Richmond, Va., in the possession of the W. M. Gary Grocery Co., Inc. This product had been stored, after shipment, under insanitary conditions. The boxes had been gnawed by rodents, and rodent pellets were observed on the boxes. Examination showed that the product had been contaminated with rodent urine and contained rodent excreta, beetles, and larvae. 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 11, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6809. Misbranding of spaghetti and macaroni. U. S. v. 39 Cases of Spaghetti and 39 Cases of Macaroni, Default decree of condemnation and destruction. (F. D. C. No. 13505. Sample Nos. 75462-F, 75463-F.) LIBEL FILED: September 5, 1944, Western District of New York. ALLEGED SHIPMENT: On or about August 23, 1944, by the Vimco Macaroni Products Co., from Carnegie, Pa. PRODUCTS: Spaghetti and macaroni: 39 cases of each, each case containing 24 packages, at Buffalo, N. Y. LABEL, IN PART: "Net Weight One Pound Long Spaghetti [or "Elbow Macaroni"]." VIOLATION CHARGED: Misbranding, Section 403 (d), the containers were so filled as to be misleading since the spaghetti occupied, on an average, about 44 percent, and the macaroni occupied, on an average, about 73 percent of the volume of the package. DISPOSITION: October 9, 1944. No claimant having appeared, judgment of condemnation was entered and the products were ordered destroyed. They were distributed to various charitable institutions. 6810. Misbranding of spaghetti. U. S. v. 95 Cases of Spaghetti. Default decree of condemnation. Product ordered delivered to charitable institutions. (F. D. C. No. 13631.' Sample No. 88021-F.) LIBEL FILED: On or about September 11, 1944, District of Connecticut. ALLEGED SHIPMENT: On or about July 18, 1944, by the Prince Macaroni Manufacturing Co., from Boston, Mass. PRODUCT: Spaghetti: 95 cases, each containing 36 8-ounce packages, at East Hartford, Conn. LABEL, IN PART: (Packages) "White Spray Spaghetti Guaranteed Made From Pure Durum Semolina Distributed By First National Stores, Inc., Somerville, Mass." VIOLATION CHARGED: Misbranding, Section 403 (d), the container was so filled as to be misleading since the product occupied, on an average, less than 50 percent of the volume of the package. DISPOSITION: October 5, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to charitable institutions. FLOUR* 6811. Adulteration and misbranding of flour. U. S. v. 650 Bags of Flour. Tried to the court. Judgment for the Government. Decree of condemnation entered and product ordered released under bond. (F. D. C. No. 9777. Sample No. 37659-F.) LIBEL FILED: April 9, 1943, Eastern District of Michigan. ALLEGED SHIPMENT: On or about February 26, 1943, by the Wolf Milling Co., Ellinwood, Kans. PRODUCT: 650 98-pound bags of flour at Detroit, Mich. LABEL, IN PART: (Tag) "A Baking Specialty W M C No. 1 Unbleached Hard Wheat Flour containing unbleached hard wheat flour artificially aged with oxides of nitrogen, commercial vegetable lecithin, soya bean flour, monocalcium phosphate, and salt (NaCl)." VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2); misbranding, Section 403 (g) (1). The details of the adulteration and misbranding charges are set forth below in the findings of fact and conclusions of law. DISPOSITION: On or about April 4, 1944. The Wolf Milling Co., claimant, having denied that the product was adulterated or misbranded, and a jury having been waived, the case came on for trial. On April 10, 1944, the court, having considered the evidence and arguments of counsel, handed down the following findings of fact and conclusions of law: ARTHUR F. LEDERLE, District Judge: See also Nos. 6859-6862, 6991. FINDINGS OF FACT "1. The Government in this action seized from the premises and possession of the Hall Baking Company, 6165 Fourth Avenue, Detroit, Michigan, several hundred bags of an article labeled as follows: (Front) '98 lbs. A Baking Specialty-WMC-No. 1 Unbleached Hard Wheat Flour containing unbleached hard wheat flour artificially aged with oxides of nitrogen, commercial vegetable lecithin, soya bean flour, monocalcium phosphate, and salt (NaCl). THE WOLF MILLING COMPANY Ellinwood, Kansas [Reverse side] A Baking Specialty RECOMMENDED USE We recommend using 'WMC' as a baking specialty to be added to your favorite brand of flour to suit your formula in all your baked sweet goods. THE WOLF MILLING COMPANY Ellinwood, Kansas.' * * * "This seizure was made in accordance with the provisions of Section 304 of the Federal Food, Drug and Cosmetic Act, 21 U. S. C. A. 334. The Claimant, Wolf Milling Company, of Ellinwood, Kansas, filed a claim, amended claim and answer to this libel action. It is conceded that the Claimant manufactured and shipped the goods seized, and that the goods moved in interstate commerce prior to such seizure and are subject to the provisions of this Act, as a food defined by the Act, 21 U. S. C. A. 321 (f). "2. The Government in its libel charged: "(a) That the article is adulterated in violation of 21 U. S. C. A. 342 (b) (2) in that artificially colored flour has been substituted wholly or in part for wheat flour, which article it is represented to be. "(b) That the article is misbranded in violation of 21 U. S. C. A. 343 (g) (1) in that it purports to be and is represented as wheat flour, food for which a definition and standard of identity have been prescribed by regulations promulgated pursuant to 21 U. S. C. À. 341, and it fails to conform to such definition and standard because it contains ingredients not permitted or recognized in such definition and standard, namely, yellow nitric acid-treated flour, and lecithin, soya bean flour, monocalcium phosphate and salt. "(c) That the article is misbranded in violation of 21 U. S. C. A. 343 (k) in that it contains artificial coloring by reason of having been mixed with flour that has been colored yellow by treating with nitric acid and fails to bear labeling stating that fact. During the course of the trial, the Government withdrew the charge of violation of Section 343 (k) of the Act. "3. It is conceded that the major portion of the contents of the bags was unbleached hard wheat flour, the balance of the mixture being made up as follows: approximately 2% of unbleached flour processed with nitric acid in accordance with the teachings of U. S. Letters Patent 2,223,387, issued December 3, 1940, and a small amount of soy bean flour, monocalcium phosphate, and sodium chloride. "4. There is no evidence that the Claimant attempted to deceive anyone in connection with the adoption of this label, or that anyone was deceived by the label. Consequently, I find that Claimant acted in good faith. "5. Notwithstanding the fact that there was no intention of deception in volved, the product contained in the bags seized was misbranded, contrary to the provisions of Section 403 (g) (1) of the Federal Food, Drug and Cosmetic Act, 21 U. S. C. A. 343 (g) (1), in that the product purported to be, and was represented to be, a food (flour) for which a definition and standard of identity had been prescribed by regulation as provided by Section 401 of the Federal Food, Drug and Cosmetic Act, 21 U. S. C. A. 341 (according to the regulations issued by the Federal Security Administrator, printed in the Federal Register for May 27, 1941, Page 2574 et seq.; Section 15.000, Volume 6, No. 103, Federal Register), and such product did not conform to the definition and standard of identity for flour because it contains ingredients not recognized nor permitted by the regulation, namely nitric acid treated flour, lecithin, soy bean flour, monocalcium phosphate and salt. CONCLUSIONS OF LAW "1. This court has jurisdictoin of this libel and condemnation action by virtue of the finding in this District of allegedly misbranded food which had been transported in interstate commerce. 21 U. S. C. A. 334 (a). "2. The Federal Food, Drug and Cosmetic Act, 21 U. S. C. A. 301, et seq., is constitutional. Federal Security Adm. v. Quaker Oats Co., 1943, 318 U. S. 218. "3. The seized goods having been shipped in interstate commerce contrary to the provisions of the Act, it follows that the libel must be sustained. 21 U. S. C. A. 334. "4. In view of the fact that the Claimant proceeded in good faith, although contrary to the provisions of said Act, the decrees sustaining the libel shall authorize Claimant to repossess the seized goods in accordance with the provisions of Section 304 (d) of the Act, 21 U. S. C. A. 334 (d)." On April 10, 1944, a judgment of condemnation was entered and the product was ordered released under bond to be disposed of in compliance with the law, under the supervision of the Food and Drug Administration. The product was mixed with fish meal, for use as stock feed. U. S. v. 49 Product ordered deSample No. 6812. Adulteration and misbranding of enriched, phosphated flour. LIBEL FILED: June 27, 1944, Southern District of Texas. PRODUCT: Flour; 49 boxes, each containing 25 2-pound bags, at Houston, Tex. VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), a valuable constituent, thiamine (vitamin B1), had been in part omitted from the product. * * * * * Misbranding, Section 403 (g) (1), the product failed to conform to the definition and standard for enriched flour since it contained approximately 1.33 milligrams of thiamine (vitamin B1) per pound, whereas the standard requires not less than 2.0 milligrams per pound; and, Section 403 (a), the label state* * * Flour * ments, "Enriched * *" and "Contains not less than the following proportions of the minimum daily requirements Vitamin Bị 100% per 8 ounces of enriched flour," were false and misleading as applied to the product, which failed to conform to the definition and standard for enriched flour and contained less than 100 percent of the minimum daily requirements of vitamin B1 per 8 ounces. DISPOSITION: August 29, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to charitable institutions. Nos. 6813 to 6847 report actions involving flour that was contaminated with one or more of the following types of filth: Insects, insect fragments, insect excreta pellets, larvae, pupae, cast skins, webbing, rodent excreta, rodent hairs and hair fragments, and urine. (In those cases in which the time of contamination was known that fact is stated in the notice of judgment.) 6813. Adulteration of flour. U. S. v. 1,489 Bags of Flour. Consent decree of condemnation. Product released under bond. (F. D. C. No. 13755. Sample Nos. 86938-F to 86941-F, incl.) LIBEL FILED: On or about October 6, 1944, Northern District of Illinois. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of weevils and larvae. DISPOSITION: November 3, 1944. The claimant, the Wagner Baking Corporation, Chicago, Ill., having admitted the facts in the libel, judgment of condemnation was entered and the product was ordered released under bond for reprocessing into animal feed, under the supervision of the Food and Drug Administration. 6814. Adulteration of flour. U. S. v 100 Bags of Flour. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 13273. Sample No. 75917-F.) LIBEL FILED: August 18, 1944, Western District of Pennsylvania. ALLEGED SHIPMENT: On or about April 15, 1944, by the Duluth Universal Milling Co., from Duluth, Minn. PRODUCT: Flour: 100 bags, each containing 100 pounds, at Pittsburgh, Pa. "Hi-Gluten LABEL, IN PART: Pure Gold Patent Bleached Flour." VIOLATION CHARGED:. Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of weevils and larvae. DISPOSITION: September 7, 1944. Ida G. Schomaker, Pittsburgh, Pa., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for sale and conversion into hog feed, under the supervision of the Food and Drug Administration. 6815. Adulteration of flour. U. S. v. 26 Bags of Flour. Default decree of condemnation and destruction. (F. D. C. No. 13274. Sample No. 75918-F.) LIBEL FILED: August 18, 1944, Western District of Pennsylvania. ALLEGED SHIPMENT: On or about July 1, 1944, by the Bay State Milling Co., from Winona, Minn. PRODUCT: 26 bags of flour at Pittsburgh, Pa. LABEL, IN PART: "Winona Flour 100 Lbs. Net Bleached." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of weevils and larvae. DISPOSITION: September 8, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6816. Adulteration of flour. U. S. v. 21 Bags of Enriched Flour and 4 Bags of Plain Flour. Default decree of condemnation and destruction. (F. D. C. No. 13825. Sample Nos. 73907-F, 73908-F.) LIBEL FILED: September 30, 1944, District of Arizona. ALLEGED SHIPMENT: On or about March 23, 1944, by the V-O Milling Co., from Los Angeles, Calif. PRODUCT: 25 100-pound bags of flour at Mesa, Ariz. LABEL, IN PART: "V-O Fancy Patent Family Flour Bleached * * 'Aris tocrat of the Kitchen' * * * Enriched With Vitamins and Iron," or "Orange Brand Family Flour Bleached." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of beetles, larvae, pupae, and cast skins. DISPOSITION: November 8, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6817. Adulteration of flour. U. S. v. 373 Bags and 115 Bags of Flour. Decrees of condemnation. Product ordered released under bond. (F. D. C. Nos. 13888, 14177. Sample Nos. 89660-F, 89673-F.) LIBELS Filed: October 3 and November 1, 1944, Western District of Arkansas. ALLEGED SHIPMENT: On or about February 5, March 21, and April 28, 1944, by the Blair Milling Co., Atchison, Kans. PRODUCT: Flour; 373 bags, each containing 25 pounds, at Berryville, Ark., and 115 bags, each containing 50 pounds, at Harrison, Ark. LABEL, IN PART: "Bleached White Fox Extra High Patent Flour," or "Bleached Blair's Best Flour." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of weevils, larvae, insect fragments, or cast skins. DISPOSITION: October 24 and November 17, 1944. A. M. Jackson, trading as the Berryville Supply Co., claimant for the lot at Berryville, having admitted the allegations of the libel, and the Harrison Grocer Co. having appeared as claimant for the lot at Harrison, judgments of condemnation were entered and the product was ordered released under bond for denaturing so that it could not be used for human consumption, under the supervision of the Food and Drug Administration. 6818. Adulteration of flour. U. S. v. 31 Bags of Enriched flour. Default decree of condemnation. Product ordered delivered to a Federal institution, to be used for hog feed. (F. D. C. No. 13368. Sample No. 81859-F.) LIBEL FILED: On or about August 24, 1944, District of Connecticut. ALLEGED SHIPMENT: On or about November 15, 1943, from Buffalo, N. Y. |