VIOLATIONS CHARGED: Adulteration, Section 402 (a) (5), the article was in whole or in part the product of poultry that was diseased at the time of slaughter. Misbranding, 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), it failed to bear an accurate statement of the quantity of the contents in terms of weight; and, Section 403 (i) (1), its label failed to bear the common or usual name of the food. DISPOSITION: June 13, 1944. A plea of guilty having been entered by the defendant, a fine of $50 on each of 4 counts, a total of $200 and costs, was imposed. 6184. Adulteration of dressed poultry. U. S. v. Sunflower Poultry & Egg Co. Plea of nolo contendere. Fine, $250. (F. D. C. No. 11388. Sample No. 46500-F.) INFORMATION FILED: On April 3, 1944, in the District of Kansas, against the Sunflower Poultry & Egg Co., a corporation, McPherson, Kans. ALLEGED SHIPMENT: On or about September 1, 1943, from the State of Kansas into the State of Illinois. LABEL, IN PART: (Portion of product) "Lady Aster Finer Quality Poultry J. Manaster Company Chicago, Ill." VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance; and, Section 402 (a) (5), it was in whole or in part the product of poultry that was diseased at the time of slaughter. DISPOSITION: September 11, 1944. A plea of nolo contendere having been entered, a fine of $250 was imposed. 6185. Adulteration of poultry. U. S. v. F. M. Stamper Co., a corporation. Plea of nolo contendere. Total fine, $300. (F. D. C. No. 10572. Sample Nos. 22022-F, 22024-F to 22026–F, incl.) INFORMATION FILED: On September 24, 1943, in the Eastern District of Missouri, against the F. M. Stamper Co., a corporation, St. Louis, Mo. ALLEGED SHIPMENT: From on or about August 10 and September 13, 1942, from the State of Missouri into the State of Pennsylvania. VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance; and, Section 402 (a) (5), it was in whole or in part the product of diseased animals. DISPOSITION: June 5, 1944. A plea of nolo contendere having been entered, a fine of $100 on each of 3 counts was imposed. SPICES AND FLAVORS* 6186. Adulteration of coriander seed. Sam U. S. v. 18 Bags of Coriander Seed. Default decree of condemnation and destruction. (F. D. C. No. 12057. ple Nos. 64845-F, 64853-F.) LIBEL FILED: March 30, 1944, Western District of Washington. ALLEGED SHIPMENT: On or about March 6, 1943, by Herbert Hahn, from Black foot, Idaho. PRODUCT: Coriander seed, 18 bags, each containing 50 pounds, at Seattle, Wash. 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 pellets and insects. DISPOSITION: September 16, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6187. Adulteration of fennel seed. U. S. v. 9 Bags of Fennel Seed. Default decree of condemnation and destruction. (F. D. C. No. 12008. Sample Nos. 70772-F, 70773-F.) LIBEL FILED: March 27, 1944, Western District of Washington. ALLEGED SHIPMENT: On or about May 6, 1941, by Levy & Levis Co., Inc., from New York, N. Y. PRODUCT: Wash. 9 bags, each containing about 150 pounds, of fennel seed at Seattle, *See also Nos. 6004, 6174. VIOLATION CHARGED: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a filthy substance by reason of the presence of insects. DISPOSITION: June 28, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6188. Adulteration of ginger. U. S. v. 45 Bags of Ginger. Consent decree of condemnation. Product ordered released under bond to be brought into compliance with the law. (F. D. C. No. 12313. Sample No. 72152-F.) LIBEL FILED: May 4, 1944, Eastern District of Missouri. ALLEGED SHIPMENT: On or about February 16, 1944, by Chas. T. Wilson, Inc., from Chicago, Ill. PRODUCT: 45 bags, each containing 130 pounds, of ginger at St. Louis, Mo. 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 insects, larvae, and insect excreta. DISPOSITION: May 27, 1944. The David G. Evans Coffee Company, 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 Food and Drug Administration. On June 6, 1944, a decree for cancellation of bond was filed since the product had been denatured and sold for use in animal food. 6189. Adulteration and misbranding of ground black pepper. U. S. v. 53 Cases LIBEL FILED: June 15, 1944, Southern District of Ohio. Product or- On or about March 31, 1944, by the LaSalle Manufacturing Co., Chicago, Ill. PRODUCT: 53 cases, each containing 24 cans, of ground black pepper, at Dayton, Ohio. LABEL IN PART: (Cans) "Florence Nightingale Pure Ground Black Pepper." VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), in that a substance consisting of ground, delinted cottonseed hulls, soybean meal, and ground black pepper had been substituted in whole or in part for pure ground black pepper which the article was represented to be; and, Section 402 (b) (4), in that ground delinted cottonseed hulls and soybean meal had been added or mixed or packed with the article so as to reduce its quality or strength. Misbranding, Section 403 (a), in that the name "Pure Ground Black Pepper" was false and misleading. DISPOSITION: August 3, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to local hospitals. 6190. Adulteration of sesame seed. decree of condemnation. compliance with the law. Consent U. S. v. 48 Bags of Sesame Seed. Product ordered released to be brought into (F. D. C. No. 12654. Sample No. 81730-F.) LIBEL FILED: June 9, 1944, Southern District of New York. ALLEGED SHIPMENT: Imported on or about August 1, 1942, from S. M. Rajgor & Co., Bombay, India. PRODUCT: N. Y. VIOLATION 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 insects, larvae, pupae, and insect fragments. 48 bags, each containing 165 pounds, of sesame seed at New York, DISPOSITION: July 10, 1944. Richard J. Spitz, New York, N. Y., claimant, having admitted the allegations in the libel; judgment of condemnation was entered and the product was ordered released, either under bond or upon deposit of cash collateral, to be brought into compliance with the law by fumigation and cleaning, under the supervision of the Food and Drug Administration. 6191. Adulteration of pickling whole spice. U. S. v. 47 Cartons of Pickling Whole Spice. Default decree of condemnation and destruction. (F. D. C. No. 12349. Sample No. 71612-F.) LIBEL FILED: May 18, 1944, Western District of Washington. ALLEGED SHIPMENT: On or about March 28 and April 7, 1944, by A. Schilling & Co., from San Francisco, Calif. PRODUCT: Pickling whole spice, 47 cartons, each containing 12 2-ounce packages, at Seattle, Wash. 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, insect fragments, and insect excreta; and, Section 402 (a) (4), it had been packed under insanitary conditions whereby it might have become contaminated with filth. DISPOSITION: September 16, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6192. Adulteration of imitation lemon flavor. U. S. v. 15 Cases and 12 Cases of Imitation Lemon Flavor. Default decree of condemnation. Product ordered delivered to charitable institutions. (F. D. C. No. 12659. Sample Nos. 79901-F, 79902–F.) LIBEL FILED: June 9, 1944, District of Maryland. ALLEGED SHIPMENT: On or about March 7 and 10, 1944, by the Whitehall Food Manufacturing Corporation, Brooklyn, N. Y. * PRODUCT: 15 cases, each containing 24 bottles, and 12 cases, each containing 24 jugs, of imitation lemon flavor, at Baltimore, Md. LABEL, IN PART: "Maison Royal * * Imitation Lemon Flavor." VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), in that a solution containing a trace of citral, having little or no value as a flavoring, had been substituted in whole or in part for "Imitation Lemon Flavor"; Section 402 (b) (3), in that inferiority had been concealed by mixing with water and color; and Section 402 (b) (4), in that water had been added thereto so as to reduce the strength of the product, and color had been added thereto so as to make it appear better or of greater value than it was. DISPOSITION: July 14, 1944. No claimant having appeared, judgment of condemnation was entered and the product was delivered to charitable institutions. 6193. Adulteration and misbranding of vanilla extract. U. S. v. 20 1-Gallon Jugs of Vanilla Bean Extract. Consent decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 12329. Sample No. 77504-F.) LIBEL FILED: May 6, 1944, District of New Jersey. ALLEGED SHIPMENT: York, N. Y. On or about March 31, 1944, by Richard Frank & Co., New PRODUCT: 24 1-gallon jugs of vanilla bean extract at South Orange, N. J. VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), a substance, vanilla extract containing added vanillin, an artificial flavor, had been substituted in whole or in part for vanilla, which the article purported to be. Misbranding, Section 403 (a), the statement appearing on the label, "Vanilla Bean Extract Absolutely Pure * * Vanilla," was false and misleading as applied to vanilla extract containing artificial flavor; Section 403 (b), the article was offered for sale under the name of another food, vanilla; and, Section 403 (k), the product contained artificial flavoring and failed to bear labeling stating that fact. DISPOSITION: July 24, 1944. Richard Frank & Co. having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and the product was released under bond for relabeling under the supervision of the Food and Drug Administration. MISCELLANEOUS FOODS* 6194. Adulteration and misbranding of gift packages. U. S. v. 438 Gift Packages. Default decree of condemnation. Fit portion ordered sold and unfit portion ordered destroyed. (F. D. C. No. 11262. Sample No. 39521-F.) LIBEL FILED: December 18, 1943, Southern District of California. ALLEGED SHIPMENT: On or about June 23, 1943, by the Bettman Nut Co., from New York, N. Y. .. "See also No. 6046. PRODUCT: 438 11⁄2-pound gift packages at Los Angeles, Calif. The article consisted of a cellophane-wrapped pottery casserole which contained two layers. The top layer, which was visible through the cellophane, consisted of a 22-ounce jar of jelly in a pleated paper cup, surrounded by 6 paper cups containing wrapped candies and 2 paper cups containing cookies. The bottom layer was a jumble pack of small cookies. VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the article contained cookies which were unfit for food since they were stale and rancid. Misbranding, Section 403 (d), the container was so filled as to be misleading, since the bottom layer, which could not be seen by the purchaser, consisted entirely of cookies which were of less value than the top layer. DISPOSITION: September 13, 1944. No claimant having appeared, judgment of condemnation was entered and the assorted candies and jellies which constituted the fit portion of the article were ordered sold, as well as the pottery casserole. The cookies which constituted the unfit portion were ordered destroyed. 6195. Adulteration of baker's yeast. U. S. v. 35 Bags of Baker's Yeast. decree of condemnation and destruction. (F. D. C. No. 13348. 63349-F.) Default Sample No. LIBEL FILED: August 17, 1944, Northern District of Georgia. ALLEGED SHIPMENT: On or about July 3, 1944, by Henry A. Kohman, from Pittsburgh, Pa. PRODUCT: Baker's yeast, 35 bags, each containing 10 pounds, at Atlanta, Ga. 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; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it might have become contaminated with filth. DISPOSITION: September 18, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 6196. Misbranding of Butex. U. S. v. 8 15-Pound Drums and 1 25-Pound Drum of Butex. Default decree of condemnation and destruction. (F. D. C. No. 12414. Sample No. 69898-F.) ALLEGED SHIPMENT: On or about March 10, 1944, by Weber and Mollner, Ltd., Los Angeles, Calif. PRODUCT: 145 pounds of Butex at Denver, Colo.. VIOLATIONS CHARGED: Misbranding, Section 403 (a), in that the label statements, "The Original and Only Butex A Unique Flavor Essence For That ButterLike Taste' Made with Natural Flavoring Oils derived from Butter, fortified by Oils developed from a Fermented Culture, and processed with Certain Fixatives 'to keep the butter-like taste from baking out'. Enriches All Baking and Cooking," were false and misleading in that they implied that the article was essentially a natural butter flavoring, whereas it was essentially an artificial flavoring with little, if any, natural butter flavoring; and in that the statement "Enriches All Baking and Cooking" was false and misleading since the product did not enrich, but artificially flavored, food; Section 403 (c), the product was an imitation of another food, butter flavor, 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), the article was a flavoring sold as such, fabricated from two or more ingredients, and its label failed to bear the common or usual name of each ingredient. DISPOSITION: July 13, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. VITAMIN PREPARATIONS 6197. Adulteration and misbranding of Hiran and Kal Tablets. U. S. v. 52 Bottles of Hiran and 150 Bottles of Kal Tablets. Default decrees of condemnation and destruction. (F. D. C. No. 10969. Sample Nos. 55509-F, 55510-F.) LIBELS FILED: October 21, 1943, Western District of Washington. ALLEGED SHIPMENT: On or about May 21, June 28 and September 8, 1943, by Makers of Kal, Inc., from Los Angeles, Calif. PRODUCT: Hiran, 28 bottles, each containing 100 tablets, and 24 bottles, each containing 350 tablets, at Seattle, Wash.; Kal Tablets, 12 bottles, each containing 650 tablets, 102 bottles, each containing 100 tablets, and 36 bottles, each containing 375 tablets, at Seattle, Wash. Examination disclosed that the Hiran Tablets contained, per 6 tablets, 720 U.S.P. units of vitamin A and less than 225 U.S.P. units of vitamin D; and that the Kal Tablets contained approximately 750 U.S.P. units of vitamin D per 6 tablets. VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), valuable constituents, vitamins A (Hiran) and D (Hiran and Kal Tablets), had been in whole or in part omitted or abstrated from the products. * (Approx.) 62% * * Vitamin A * * 2500 USP 450 USP * * Misbranding, Section 403 (a), the statements appearing on the label of the Hiran, "Rich in Vitamins A D Three tablets furnish * * vitamins in the following quantity and percentage of the minimum daily adult requirement. Units Units... (Approx.) 112%. Two tablets three times a day furnish *** the following vitamins and percentages of the minimum daily adult requirement. Vitamin A ... 5000 USP Units (Approx.) 125% Vitamin D .. .. . 900 USP Units (Approx.) 225%," were false and misleading as applied to a product deficient in the stated amounts of vitamins A and D; and the statements appearing on the label of the Kal Tablets, "6 Kal Tablets Supply These Percentages of the Minimum Adult daily requirements Vitamin D 1500 U.S.P. Units..... 375%." were false and misleading as applied to a product deficient in the stated amount of vitamin D. DISPOSITION: July 29, 1944. No claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed. 6198. Adulteration and misbranding of Multi-Vitamin Gelucaps Tablets. U. S. v. 4,943,500 Multi-Vitamin Gelucaps Tablets. Consent decree of con demnation. Product released under bond for relabeling and reprocessing. (F. D. C. No. 12415. Sample No. 82209-F.) LIBEL FILED: May 26, 1944. District of New Jersey. ALLEGED SHIPMENT: From on or about March 22 to April 6, 1944, by the KeithVictor Pharmacal Co., St. Louis, Mo. PRODUCT: 4,943,500 Multi-Vitamin Gelucaps Tablets at Newark, N. J. VIOLATIONS CHARGED: Adulteration, Section 402 (b) (1), in that a valuable constitutent, vitamin A, has been in whole or in part omitted or abstracted from the product. * * Misbranding, Section 403 (a), in that the statement in the labeling, "Each Spheroid Has Vitamin Potencies as Follows: Vitamin A (from Fish Liver Oil) 2500 USP units was false, since the article contained a lesser amount of vitamin A, not more than 50 percent of the quantity declared. DISPOSITION: July 3, 1944. The Keith-Victor Pharmacal Co. having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for relabeling, reprocessing, reconditioning, or salvage, under the supervision of the Food and Drug Administration. 6199. Adulteration of JXL Vitamin B Complex Tablets. U. S. v. 68 Bottles of JXL Vitamin B Complex Tablets. Default decree of condemnation and LIBEL FILED: August 10, 1944, Eastern District of New York. PRODUCT: JXL Vitamin B Complex Tablets, 68 bottles at Jackson Heights, Long This product was sold as vitamin B complex tablets, but upon examination was found to consist of a drug containing laxative plant drugs.. LABEL, IN PART: "JXL Vitamin B Complex." VIOLATION CHARGED: Adulteration, Section 402 (b) (2), a laxative drug had been substituted in whole or in part for vitamin B complex, which the product was represented to be. DISPOSITION: September 8, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. |