CHOCOLATE, SUGARS, AND RELATED PRODUCTS CANDY 6865. Adulteration of candy. U. S. v. 27 Boxes of Candy. Default decree of condemnation and destruction. (F. D. C. No. 13310. Sample No. 65762-F.) LIBEL FILED: August 8, 1944, Southern District of New York. ALLEGED SHIPMENT: On or about December 31, 1943, by the Ferrara Panned Candy Co., Chicago, Ill. PRODUCT: 27 boxes of candy at New York, N. Y. LABEL, IN PART: (Boxes) "320 Count 10 for 5c Chocolate Almonds." 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 moths, beetles, larvae, insect excreta, and webbing. DISPOSITION: September 1, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6866. Adulteration of candy. U. S. v. 8 Cartons, 20 Cartons, and 14 Cartons of Candy Bars. Consent decree of condemnation and destruction. (F. D. C. No. 12213. Sample Nos. 59090-F to 59092-F, incl.) LIBEL FILED: On or about April 19, 1944, Southern District of West Virginia. ALLEGED SHIPMENT. On or about March 18, 1944, by Russell Mansfield (jobber for Harris Candy Co., manufacturer), from Richmond, Va. PRODUCT: 42 cartons, each containing 32 bars of candy, at Charleston, W. Va. LABEL, IN PART: (Cartons) "Chocolate," or "Fudge"; (bar label) "Fudge Bar * * * Wt. Over One Ounce"; or (cartons) "Peanut"; (bar label) "Nuffsed 5¢." 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 hair fragments and insect fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: September 9, 1944. The consignee, the only interested party, having requested the immediate entry of a decree of condemnation, judgment was entered accordingly and the product was ordered destroyed. 6867. Adulteration of candy. U. S. v. 74 Boxes of Candy. Default decree of condemnation and destruction. (F. D. C. No. 14024. Sample No. 63749-F.) LIBEL FILED: October 9, 1944, Middle District of North Carolina. ALLEGED SHIPMENT: On or about May 19, 1944, by Schingen Candies, Inc., from Philadelphia, Pa. PRODUCT: 74 boxes, each containing 48 pieces, of candy at Salisbury, N. C. Examination showed the article to be moldy and to have a sour odor and taste. LABEL, IN PART: "Tourraine Brand Chocolate Covered Ko-Kets." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance and was otherwise unfit for food. DISPOSITION: November 17, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6868. Adulteration of candy. U. S. v. 31 Boxes, 78 Boxes, and 197 Boxes of Candy. Default decrees of condemnation and destruction. (F. D. C. Nos. 12999, 13077. Sample Nos. 68321-F, 68322-F, 68326-F.) LIBELS FILED: July 20 and 28, 1944, Northern District of Ohio. ALLEGED SHIPMENT: On or about June 15 and July 6, 1944, by Michael Tenzer, Inc., New York, N. Y. PRODUCT: 31 boxes, 78 boxes, and 197 boxes, each containing 24 bars, of candy at Cleveland, Ohio. The 78 boxes and 197 boxes contained mold. In addition, the 78 boxes contained insect excreta. The 31 boxes contained larvae, cocoons, insect excreta, and webbing. LABEL, IN PART: "Chocolate Sweets-A-Poppin 5¢ Made by Waldies Chocolate VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy or filthy and decomposed substance. DISPOSITION: August 15 and 21, 1944. No claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. 6869. Adulteration of candy. U. S. v. 29 Cartons of Candy. Default decree of condemnation and destruction. (F. D. C. No. 13189. Sample No. 52521-F.) LIBEL FILED: August 5, 1944, District of Massachusetts. ALLEGED SHIPMENT: On or about July 10, 1944, by R. Zatal Foods, Inc., from Bronx, N. Y. PRODUCT: 29 cartons, each containing 5 pounds, of candy at Boston, Mass. 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 hair fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: September 19, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6870. Adulteration of licorice candy. U. S. v. 6 Cartons of Candy (and 6 other seizure actions against candy). Decrees of condemnation. Product ordered destroyed. (F. D. C. Nos. 13355, 13392, 13393, 13432, 13433, 13612, 13632. Sample Nos. 36189-F to 36196-F, incl., 50987-F, 77679-F, 78062-F, 78081-F, 84909-F, 85014-F.) LIBELS FILED: Between August 16 and September 8, 1944, Eastern District of Pennsylvania and District of Colorado. ALLEGED SHIPMENT: From on or about July 24 to August 12, 1944, by the American Licorice Co., from Chicago, Ill. PRODUCT: 73 cartons, 134 cases, and 67 boxes, each containing 30 pounds, and 3,839 pounds in cartons, of licorice candy at Lansdowne, Pa., and 327 boxes at Denver, Colo. LABEL, IN PART: (Portions) "French Briars," "Licorice Snaps," "Big Twist," or "American Cigarettes." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), (all lots) the product consisted in whole or in part of a filthy substance by reason of the presence of one or more of the following: Larvae, insect fragments, insects, rodent hair fragments, and weevils; and, Section 402 (a) (4), (some lots) it had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: September 15 and October 10, 1944. No claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. 6871. Adulteration and misbranding of candy. U. S. v. 63 Cartons and 28 Boxes of Candy Bars. Default decrees of condemnation and destruction. (F. D. C. Nos. 13734, 14144. Sample Nos. 75633-F, 92003-F.) LIBELS FILED: September 25, 1944, Southern District of Ohio; October 27, 1944, Western District of New York. ALLEGED SHIPMENTS: On or about August 8 and September 9, 1944, by Calton Heckerman, from Bedford, Pa. PRODUCT: 63 cartons, and 28 boxes, each containing 24 bars of candy, at Steubenville, Ohio, and Buffalo, N. Y., respectively. LABEL, IN PART: "Heckerman's DeLux Bar Five Cents Net Weight 11⁄2 [or "1"] Ounces." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), (both lots) the product consisted in whole or in part of a filthy substance by reason of the presence of insects and insect fragments; and, Section 402 (b) (4), (Buffalo lot) puffed wheat had been added to the product to increase its bulk and to make it appear better or of greater value than it was, since it had the appearance of a peanut bar. Misbranding, Section 403 (e) (2), (Steubenville lot) it was food in package form and failed to bear a label containing an accurate statement of the quantity of contents, since the label statement was inaccurate. DISPOSITION: November 14 and 20, 1944. No claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. COCOA AND MISCELLANEOUS SACCHARINE PRODUCTS 6872. Adulteration and misbranding of cocoa residue. U. S. v. 83 Cases and 59 Bags of Cocoa Residue. Default decrees of condemnation and destruction. (F. D. C. Nos. 13128, 13766. Sample Nos. 71346-F, 71353-F, 71846-F.) LIBELS FILED: August 7 and October 5, 1944, District of Oregon. ALLEGED SHIPMENT: Between the approximate dates of April 4 and June 6, 1944, by J. B. Robinson, from Cleveland, Ohio. PRODUCT: 83 cases, each containing 24 1-pound packages, and 59 bags, each containing 40 pounds, of cocoa residue, at Portland, Oreg. 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 insect fragments, rodent hairs, and fragments resembling rodent hairs. Misbranding of portion, 403 (a), the statement on the label, “Cocoa Residue— Contents: Cocoa Residue 7%-Cocoa Fat made from real cocoa bean fiber and shell," and the picture of a steaming cup of what purported to be cocoa were false and misleading as applied to an article containing about 70 percent of cocoa shell and less than 7 percent of fat. Misbranding of remainder, 403 (a), the statement on the label, "7% Cocoa Fat," was false and misleading as applied to an article containing less than 7 percent of fat. DISPOSITION: September 18 and November 11, 1944. No claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. 6873. Adulteration of dextrose sugar. U. S. v. 238 Bags of Dextrose Sugar. Decree of condemnation. Product ordered released under bond. (F. D. C. No. 12470. Sample No. 60050-F.) LIBEL FILED: May 31, 1944, Northern District of California. ALLEGED SHIPMENT: On or about December 24, 1943, and February 21, 1944, from Kansas City, Mo. PRODUCT: 238 100-pound bags of dextrose sugar at San Francisco, Calif., in possession of the Central Warehouse and Drayage Co. The product was stored under insanitary conditions after shipment. Some of the bags had been chewed by rodents and contained rodent pellets and urine stains. Examination of samples showed that the product contained rodent excreta, rodent hairs, and brown-stained lumps with rodent hairs and pellets embedded in them. 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: June 7, 1944. Central Warehouse and Drayage Co. having appeared as claimant, 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. The unfit portion was subsequently segregated and destroyed. 6874. Adulteration of dextrose sugar. U. S. v. 225 Bags of Dextrose Sugar. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 13750. Sample No. 89823-F.) LIBEL FILED: September 27, 1944, Western District of Tennessee. The article was stored under insanitary conditions after shipment. Some of the bags were rodent-gnawed, and rodent pellets were observed on them. Examination showed that the article contained rodent pellets 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 30, 1944. The Seven-Up Memphis Co., Inc., Memphis, Tenn., having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond, conditioned that the unfit portion be segregated and reconditioned by refining or recrystallization, under the supervision of the Federal Security Agency. 6875. Adulteration of sirup. U. S. v. 70 Barrels of Sirup. Consent decree of condemnation. Product ordered released under bond or upon the deposit of cash collateral. (F. D. C. No. 13219. Sample No. 39861-F.) LIBEL FILED: August 11, 1944, Southern District of California. ALLEGED SHIPMENT: On or about June 23, 1944, by J. B. Robinson, Cleveland, Ohio, from Jersey City, N. J. PRODUCT: 70 barrels of sirup at Los Angeles, Calif. Analysis showed that the product was in an active state of fermentation. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: September 11, 1944. Colonial Molasses Co., Inc., Jersey City, N. J., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond or upon the deposit of cash collateral, to be brought into compliance with the law under the supervision of the Food and Drug Administration. 6876. Adulteration of sirup. U. S. v. 164 Cases and 14 Dozen Bottles of Syrup. Default decrees of condemnation and destruction. (F. D. C. Nos. 12873, 13381. Sample Nos. 52633-F, 75386+F.) LIBELS FILED: July 7, 1944, District of New Hampshire; August 25, 1944, Northern District of West Virginia. ALLEGED SHIPMENT: On or about October 12, 1943, and February 9, 1944, by the Ol' South Extract Co., from Rochester, N. Y. PRODUCT: 164 cases, each containing 12 bottles, of sirup at Moundsville, W. Va., and 14 dozen bottles at Manchester, N. H. This product was in a state of active fermentation. LABEL, IN PART: (Bottles) "Ol' South Mapleflo Syrup," or "Ol' South Imitation Butter Pancake Syrup." VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: September 5 and 16, 1944. No claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. 6877. Adulteration of sirup. U. S. v. 68 Barrels of Syrup. Default decree of condemnation. Product ordered delivered to an agricultural_college, for use as livestock feed. (F. D. C. No. 13389. Sample No. 64034-F.) LIBEL FILED: August 29, 1944, Western District of South Carolina. ALLEGED SHIPMENT: On or about March 28, 1944, by the Waverly Sugar Co., from Waverly, Iowa. PRODUCT: 68 barrels, each containing about 50 gallons, of sirup at Shelton, S. C. This product was undergoing active fermentation. LABEL, IN PART: "Wasco Grain Syrup—'Malt Free'.” VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: October 23, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to an agricultural college, for use as livestock feed. 6878. Adulteration and misbranding of maple sirup. U. S. v. 10 Cases and 686 Bottles of Syrup. Default decrees of condemnation. Portion of product ordered delivered to charitable institutions; remainder ordered destroyed. (F. D. C. Nos. 13033, 13105. Sample Nos. 52339-F, 81841-F.) LIBELS FILED: July 24, 1944, District of Massachusetts; August 2, 1944, ALLEGED SHIPMENT: From on or about April 10 to July 12, 1944, by Bruno Scheidt, Inc., from New York, N. Y. PRODUCT: 10 cases, each containing 24 6-ounce bottles, of maple sirup at Hartford, Conn., and 686 6-ounce bottles of maple sirup at Newton Center, Mass. * * * Paterson, N. J.," or Roland 100% * * * Packed for American Roland LABEL, IN PART: (Bottles) "100% Grade A Pure Vermont Maple Syrup Sap * * * Tiffany Extract Co. Grade A Pure Vermont Maple Syrup Food Co., New York, N. Y.” VIOLATIONS CHARGED: Adulteration (all lots), Section 402 (b) (1), a valuable constituent, maple sugar or maple sirup or maple sap, had been in whole or in part omitted from the article; and, Section 402 (b) (2), sugar sirup, containing more than 35 percent water and containing little or no true maple sugar or maple sirup, had been substituted for maple sirup, which the article purported and was represented to be. Misbranding, Section 403 (a), the statements, (686 bottles) "100% Grade A Pure Vermont Maple Syrup Sap," and the design of a maple leaf and maple trees, or, (10 cases) "100% Grade A Pure Vermont Maple Syrup," on the labeling, were false and misleading as applied to sugar sirup containing more than 35 percent water and containing little or no true maple sugar or maple sirup; Section 403 (c), (686 bottles) this lot was an imitation of another food, maple sirup, 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; and, Section 403 (i) (2), (all lots) the article was fabricated from two or more ingredients and its label failed to bear the common or usual name of each such ingredient. DISPOSITION: September 5 and 6, 1944. No claimant having appeared, judgments of condemnation were entered and one lot was ordered delivered to charitable institutions and the other lot was ordered destroyed. 6879. Adulteration and misbranding of maple sirup. U. S. v. 36 Cases of Maple Syrup (and 2 other seizure actions against maple sirup). Default decrees of condemnation. Product ordered delivered to charitable institutions. (F. D. C. Nos. 13025, 13026, 13080. Sample Nos. 76230-F to 76232-F, incl., 82168-F.) LIBELS FILED: On or about July 26 and 31, 1944, Southern District of New York. ALLEGED SHIPMENT: From on or about March 31 to June 16, 1944, by the Tiffany Extract Co., Paterson, N. J. PRODUCT: 12 1-gallon cans and 71 cases, each containing 24 6-ounce bottles, of maple sirup at New York, N. Y. LABEL, IN PART: (Cans) "Pure Vermont MAPLE SYRUP * * * Made and put up by Will A. Chatfield, Bethel, Vermont," (bottles) "100% Grade A Pure Vermont Maple Syrup Sap," or "Roland 100% Grade A Pure Vermont Maple Syrup * * Packed For American Roland Food Co. New York, N. Y." VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), a valuable constituent, maple sugar or maple sirup or maple sap, had been in whole or in part omitted from the article; and, Section 402 (b) (2), sugar sirup, containing (36 cases) more than 35 percent water and (all lots) containing little or no true maple sugar or maple sirup, had been substituted for maple sirup, which the article purported and was represented to be. Misbranding, Section 403 (a), the label statements, "100% Grade A Pure Vermont Maple Syrup Sap," and the design of a maple leaf and maple trees, or "100% Grade A Pure Vermont Maple Syrup Sap," and a design of maple trees, or "100% Grade A Pure Vermont MAPLE SYRUP" were false and misleading; Section 403 (c), the article (36 cases and 12 cans) was an imitation of another food, maple sirup, 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; and, 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. DISPOSITION: Between August 21 and September 27, 1944. No claimant having appeared, judgments of condemnation were entered and the product was ordered distributed to charitable institutions. 6880. Misbranding of honey. U. S. v. 294 Jars of Honey. Default decree of condemnation. Product ordered delivered to various charitable institutions. (F. D. C. No. 14007. Sample Nos. 76867-F, 76868-F.) LIBEL FILED: October 7, 1944, Southern District of New York. ALLEGED SHIPMENT: On or about July 6, 1944, by the Evans Honey Co., from Los Angeles, Calif. PRODUCT: 294 jars of honey at New York. N. Y. |