6002. Adulteration and misbranding of Orange Dairy Mix. U. S. v. 6 Cases of Orange Dairy Mix. Default decree of condemnation and destruction. (F. D. C. No. 12228. Sample No. 52047-F.) LIBEL FILED: May 1, 1944, District of New Hampshire. PRODUCT: 6 cases, each containing 4 1-gallon jugs of Orange Dairy Mix, at LABEL, IN PART: (Jugs) "Old Chateau * Orange Dairy Mix Old Chateau Products Post Office, Bedford, Mass. Plant, Carlisle, Mass.” VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), in that a valuable constituent, orange juice, had been in part omitted from the product; Section 402 (b) (2), in that water had been substituted in whole or in part for orange juice; Section 402 (b) (3), in that inferiority had been concealed by the use of orange pomace, orange oil, water, gum, acids, and artificial color; and, Section 402 (b) (4), in that artificial color and orange pomace had been added thereto and mixed and packed therewith, so as to make the product appear better or of greater value than it was. Misbranding, Section 403 (a), in that the statement on the label, "Pure California Valencia Orange Juice-Sugar-Peel Oil-Gum-Citric Acid-Corn Syrup Color and Preservative Added," was false and misleading as applied to a mixture containing water, an insignificant proportion of orange juice, and no vitamin C; and, Section 403 (i) (2), in that the article was fabricated from two or more ingredients and its label failed to bear the common or usual name of each ingredient since water, orange pomace, lactic acid, and the kind of gum used were not declared. DISPOSITION: July 12, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6003. Adulteration and misbranding of pineapple and orange drink. U. S. v. 25 Cases of Pineapple and Orange Drink. Default decree of condemnation. Product delivered to charitable institutions. (F. D. C. No. 12729. Sample No. 40199-F.) LIBEL FILED: June 27, 1944, District of South Dakota. ALLEGED SHIPMENT: On or about May 12, 1944, by the Iowa Products Co., from Sioux City, Iowa. PRODUCT: Pineapple and orange drink, 25 cases, each containing 6 half-gallon jugs, at Sioux Falls, S. Dak. The product was an artificially colored, acidulated solution of water and sugar which contained fruit pomace and was flavored with orange peel oil and artificial pineapple flavor to simulate a fruit ade. It contained little or no pineapple or orange juice and was preserved with sodium benzoate. LABEL, IN PART: (Jugs) "Rio Grande Pineapple and Orange Drink." VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), valuable constituents, pineapple and orange juice, had been in whole or in part omitted from the product; Section 402 (b) (4), artificial color, acid, fruit pomace, orange peel oil, and artificial flavor of pineapple-orange fruitade had been mixed and packed with the product so as to make it appear better and of greater value than it was. Misbranding, Section 403 (a), the statements which appeared on the label, "A Quality Drink for the Entire Family * Contains Water, Sugar, Pineapple and Orange Juice, Citric Acid, Fruit Oils, Artificial color. Less than 1/10 of 1% Benzoate of Soda," were false and misleading as applied to an article which contained little or no pineapple and orange juice; and, Section 403 (c), it was an imitation of another food, pineapple and orange fruitade, 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: July 31, 1944. No claimant having appeared, judgment of condemnation was entered and the marshal was ordered to dispose of the product. It was delivered to charitable institutions. DEPOSITED BY THE UNITED STATES OF AMÉRICA JUN 2 '45 6001-6200] NOTICES OF JUDGMENT 3 6004. Adulteration and misbranding of beverage sirup_vanilla. U. S. v. 11 Cartons and 2 Jugs of Beverage Syrup Vanilla. Default decree of condemnation. Product ordered delivered to charitable institutions. (F. D. C. No. 12838. Sample No. 76943-F.) LIBEL FILED: July 7, 1944, Southern District of New York. ALLEGED SHIPMENT: On or about June 27, 1944, by the New Jersey Tobacco Co., Asbury Park, N. J. PRODUCT: 11 cartons, each containing 4 1-gallon jugs, and 2 jugs of beverage sirup vanilla at New York, N. Y. * This product was a mixture of sugar, water, artificial vanillin, and coumarin, colored with caramel and containing little or no vanilla extract. LABEL, IN PART: (Jugs) "Master Brands Triple Dilution Beverage Syrup Vanilla * * Master Brands of America Manufacturers New York." VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), a valuable constituent, vanilla extract, had been in whole or in part omitted from the product; Section 402 (b) (2), an artificially flavored and colored beverage sirup had been substituted in whole or in part for a triple-strength vanilla sirup; Section 402 (b) (3), inferiority had been concealed by the addition of artificial flavoring and coloring; and, Section 402 (b) (4), artificial flavoring and coloring had been added to the product or mixed or packed with it so as to make it appear better or of greater value than it was. * * * Misbranding, Section 403 (a), the statements, "Triple Dilution Beverage Syrup Vanilla Prepared with cane sugar syrup, imitation vanilla flavor and pure vanilla extract. To one part this vanilla syrup add three part simple syrup," borne on the label, were misleading as applied to an article which contained little or no vanilla extract; Section 403 (b) it was offered for sale under the name of another food, "Triple dilution beverage syrup vanilla"; and, Section 403 (c), it was an imitation of another food 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: August 16, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to charitable institutions. 6005. Misbranding of Effect-0. U. S. v. 14 Jugs of Effect-0. Default decree of condemnation and destruction. (F. D. C. No. 12508. Sample No. 52252-F.) LIBEL FILED: June 7, 1944, District of Rhode Island. ALLEGED SHIPMENT: On or about March 27, 1944, by the Chandler Laboratories, from Philadelphia, Pa. PRODUCT: 14 1-gallon jugs of Effect-O at West Barrington, R. I. LABEL, IN PART: (Jugs) "Effect-O * * * The Perfect Stabilizer For All Beverages Eliminates the use of Preservatives." VIOLATION CHARGED: Misbranding, Section 403 (a), the statements in the labeling, "The Perfect Stabilizer For All Beverages Eliminates the use of Preservatives Use 2 Oz. to each Gallon of Bottling Syrup," were misleading since the labeling failed to reveal the material fact that the article contained, per 100 cc., 13.5 or more grams of monochloracetic acid, a poisonous and deleterious substance which caused the article itself to be a poisonous and deleterious substance, and rendered it unwholesome and unsuitable for use as a component of beverages used by man. DISPOSITION: September 20, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. CEREAL AND CEREAL PRODUCTS ALIMENTARY PASTES 6006. Adulteration of alimentary pastes. U. S. v. 75 Cases of Macaroni, 10 Cases of Spaghetti, and 10 Cases of Vermicelli (and 1 other seizure action against alimentary pastes). Default decrees of condemnation. Products ordered released to the State Fish and Wildlife Service for uses other than human consumption. (F. D. C. Nos. 11804, 11805. Sample Nos. 58132-F to 58134-F, incl., 68815-F to 68817-F, incl.) LIBELS FILED: February 15, 1944, District of New Mexico. ALLEGED SHIPMENT: On or about January 10 and 13, 1944, by the American Beauty Macaroni Co., Denver, Colo. PRODUCT: A total of 95 cases of macaroni, spaghetti, and vermicelli, at Santa Fe, N. Mex., and a total of 320 cases and 45 boxes of macaroni, vermicelli, and "Shel-Roni," at Albuquerque, N. Mex. Macaroni [or "Spaghetti," LABEL, IN PART: "American Beauty ** * * "Vermicelli," "Large Elbo," or "Shel-Roni"]." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the products consisted in whole or in part of filthy substances, (75 cases) insect fragments and a fragment similar to rodent hairs, (20 cases) insect fr: gments and rodent hairs, and (320 cases and 45 boxes) rodent hairs; and, Section 402 (a) (4), they had been prepared under insanitary conditions whereby they might have become contaminated with filth. DISPOSITION: June 23, 1944. No claimant having appeared, judgments of condemnation were entered and the products were ordered delivered to the State Fish and Wildlife Service, for uses other than human consumption. 6007. Adulteration of macaroni. U. S. v. 63 Boxes of Macaroni. Default decree of condemnation and destruction. (F. D. C. No. 12245. Sample No. 52299-F.) LIBEL FILED: April 24, 1944, District of Maine. ALLEGED SHIPMENT: On or about March 22, 1944, by the Italia Macaroni Co., from Woreester, Mass. PRODUCT: 63 boxes, each containing 20 pounds, of macaroni at Rumford, Maine.. LABEL, IN PART: "Italia Extra Fine Made From Pure No. 1 Semolina Macaroni." 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 rodent hairs and insect fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it might have become contaminated with filth. DISPOSITION: July 1, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6008. Adulteration and misbranding of egg noodles. U. S. v. 126 Cases and 98 Cases of Noodles. Default decree of condemnation. Product ordered delivered to a Federal institution for use as hog feed. 12397. Sample No. 76352-F.) LIBEL FILED: On or about May 18, 1944, District of Connecticut. (F. D. C. No. ALLEGED SHIPMENT: On or about April 14, 1944, by Meyer's Egg Noodle Co., Glendale, Long Island, N. Y. * * * PRODUCT: 126 cases, each containing 12 1-pound bags, and 98 cases, each con- * * West VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), in that a valuable constituent, egg, had been in part omitted from the article; and, Section 402 (b) (2), in that a substance, noodles deficient in egg solids, had been substituted in whole or in part for egg noodles, which the article was represented to be. Misbranding, Section 403 (a), in that the statement which appeared on the label, "Pure Egg Noodles," was false and misleading as applied to an article deficient in egg solids. DISPOSITION: August 7, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a Federal institution to be used for hog feed. 6009. Misbranding of egg noodles with fresh mushrooms. U. S. v. 25 Cases of Egg Noodles with Fresh Mushrooms. Default decree of condemnation. Product ordered delivered to a charitable organization. (F. D. C. No. 12145. Sample No. 66376–F.) LIBEL FILED: April 6, 1944, District of New Jersey. ALLEGED SHIPMENT: On or about March 16, 1944, by the Universal Food Co., from Central Islip, N. Y. PRODUCT: 25 cases, each containing 24 1-pound jars, of the above-named product, at Newark, N. J. * LABEL, IN PART: "The Original Valerio Egg Noodles with Fresh Mush* * Manufactured by A. Valerio Sole Distributors' Universal Food Co. New York, N. Y." rooms VIOLATION CHARGED: Misbranding, Section 403 (a), the prominent designation, "Egg Noodles with Fresh Mushrooms," was false and misleading as applied to the article, which contained no mushrooms. DISPOSITION: June 5, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a charitable organization. 6010. Misbranding of spaghetti dinner. U. S. v. 72 Cases of Spaghetti Dinner. Consent decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 12288. Sample No. 48877-F.) LIBEL FILED: April 29, 1944, Southern District of Ohio. ALLEGED SHIPMENT: Chicago, Ill. On or about March 3, 10, and 24, 1944, by M & C Foods, Inc., PRODUCT: 72 cases, each containing 24 packages, of spaghetti dinner, at Cincinnati, Ohio. LABEL, IN PART: (Packages.) "M & C Complete Meatless Spaghetti Dinner." VIOLATIONS CHARGED: Misbranding, Section 403 (a), the statements on the packages, "Spaghetti Contents 7 ounces avoir.," and on the cartons, "Net Wgt. 7 ounces," were false and misleading as applied to an article that was short weight; and, Section 403 (e) (2), it was food in package form and failed to bear a label containing an accurate statement of the quantity of the contents. DISPOSITION: June 3, 1944. M & C Foods, Inc., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for relabeling under the supervision of the Food and Drug Administration. CORN MEAL 6011. Adulteration of corn meal. U. S. v. John B. Edgar, and Joseph C. Roney (Humphreys Mills). Pleas of guilty. Each defendant fined $1,200. (F. D. C. No. 11352. Sample Nos. 40845-F, 40846-F, 47204-F, 47205-F.) INDICTMENT RETURNED: June 5, 1944, Western District of Tennessee, against John B. Edgar and Joseph C. Roney, trading as Humphreys Mills, Memphis, Tenn. ALLEGED SHIPMENT: From on or about June 21 to August 14, 1943, from the State of Tennessee into the State of Mississippi. * * * LABEL, IN PART: "Snow White Cream [or "Home Ground"] Meal Milled [or "Packed"] for King Grocery Co., of Mississippi" or "Yellow Honey Suckle Cream Meal." 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 rodent excreta fragments, rodent hairs, rodent hair fragments, hairs resembling rodent hairs, and insect fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it might have become contaminated with filth. DISPOSITION: June 19, 1944. Pleas of guilty; each defendant fined $300 on each of 4 counts. 6012. Adulteration of corn meal. U. S. v. 149 Sacks of Corn Meal. Consent decree of condemnation. Product ordered released under bond for use as animal feed. (F. D. C. No. 12119. Sample No. 61478-F.) LIBEL FILED: On or about April 10, 1944, Eastern District of Louisiana. ALLEGED SHIPMENT: On or about March 13, 1944, by the P. P. Williams Co., Vicksburg, Miss. PRODUCT: 149 sacks of corn meal at Franklinton, La. LABEL, IN PART: "24 Lbs Net Unbolted Red Wing Home Ground Corn Meal * VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence therein of rodent excreta, rodent hairs, and insect fragments. DISPOSITION: July 10, 1944. The P. P. Williams Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for conversion into animal feed, under the supervision of the Food and Drug Administration. 6013. Adulteration of corn meal. U. S. v. 136 Bags of Corn Meal. decree of condemnation and destruction. (F. D. C. No. 12051. 60822-F.) LIBEL FILED: March 20, 1944, Eastern District of Louisiana. Default Sample No. ALLEGED SHIPMENT: On or about March 3, 1944, by Bewley Mills, Fort Worth. Tex. PRODUCT: 136 5-pound bags of corn meal at New Orleans, La. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of filthy substances, since it contained rodent excreta, insect fragments, and larvae. DISPOSITION: July 24, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6014. Adulteration of corn meal. U. S. v. 215 Bags of Corn Meal. Default decree of condemnation and destruction. (F. D. C. No. 12038. Sample Nos. 61413-F to 61415-F, incl.) LIBEL FILED: March 18, 1944, Eastern District of Louisiana. ALLEGED SHIPMENT: On or about February 15, 1944, by the Scott County Milling Co., Sikeston, Mo. PRODUCT: 215 bags of corn meal at Covington, La. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of filthy substances, since it contained rodent excreta, rodent hairs, and insect fragments. DISPOSITION: July 24, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6015. Adulteration of corn meal. U. S. v. 30 Bales of Corn Meal. Default decree of condemnation and destruction. (F. D. C. No. 12258. Sample No. 49391-F.) LIBEL FILED: April 28, 1944, Southern District of Ohio. ALLEGED SHIPMENT: On or about December 7, 1943, by the Richmond Milling & PRODUCT: 30 bales, each containing 10 5-pound bags, of corn meal at Dayton, Meal." "Richmond Roller Mills * Stone Buhr Yellow Corn 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 rodent excreta and rodent hairs. DISPOSITION: June 14, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. It was converted into animal food by mixing with other ingredients. 6016. Adulteration of tapioca and cream meal. U. S. v. 5 Bags of Tapioca and 21 Bags of Cream Meal. Consent decrees of condemnation. Products ordered mixed with other material for use as stock feed. (F. D. C. No. 10093. Sample No. 42157-F, 42159-F.) LIBEL FILED: June 14, 1943, Southern District of Ohio. ALLEGED SHIPMENT: On or about February 12, 1942, and April 15, 1943. PRODUCT: 5 100-pound bags of tapioca and 21 100-pound bags of cream meal, in the possession of the Oswald and Taube Co., Cincinnati, Ohio. VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the products consisted in whole or in part of filthy substances, (tapioca) urine and rodent pellets, and (cream meal) rodent pellets; and, Section 402 (a) (4), they had been held under insanitary conditions whereby they might have become contaminated with filth. DISPOSITION: June 5, 1944. The Oswald and Taube Co., claimant, having admitted the allegations of the libel and consented to the entry of decrees, judgments of condemnation were entered and the products were ordered released to the claimant to be mixed with other material and used as stock feed, under the supervision of the Food and Drug Administration. |