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A134

FEDERAL SECURITY AGENCY

FOOD AND DRUG ADMINISTRATION

NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT

[Given pursuant to section 705 of the Food, Drug, and Cosmetic Act]

6201-6400

FOODS

The cases reported herewith were instituted in the United States District Courts by the United States attorneys acting upon reports submitted by direction of the Federal Security Administrator.

WATSON B. MILLER, Acting Administrator, Federal Security Agency. WASHINGTON, D. C., February 6, 1945.

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6201. Adulteration and misbranding of CoVee. U. S. v. 24 Cases and 104 Cases of CoVee. Default decrees of condemnation. Portion ordered delivered to a charitable institution; remainder ordered destroyed. (F. D. C. Nos. 10070, 10094. Sample Nos. 10334-F, 11309–F.)

LIBELS FILED: June 11 and 15, 1943, Western District of Texas and Northern District of California.

ALLEGED SHIPMENT: From on or about March 20 to April 23, 1943, by J. B. Robinson, Manager, Royale Popcorn Co., Cleveland, Ohio.

PRODUCT: 24 cases at Waco, Tex., and 104 cases at Emeryville, Calif., each containing 24 1-pound packages of CoVee.

*See also Nos. 6351, 6399.

63385645--1

67

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Made

LABEL, IN PART: "Drink CoVee Prepare-The Same as Coffee from Fresh Roasted Soy Beans-Cereals and Chicory.” VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), a mixture of ground roasted soy beans and ground roasted malted barley had been substituted in whole or in part for soy beans, cereals, and chicory, which the article purported to be.

Misbranding, Section 403 (a), the statement on the label "Chicory for Flavor,” was false and misleading as applied to an article containing no chicory; Section 403 (i) (2), the article was fabricated from two or more ingredients and its label failed to bear the common or usual name of each such ingredient since "Cereals" is not the common or usual name for barley. DISPOSITION: November 3 and 10, 1943. No claimant having appeared, judgments of condemnation were entered and it was ordered that the Waco lot be turned over to the Food and Drug Administration, and that the Emeryville lot be destroyed. On January 8, 1944, an amended decree was entered, ordering that the Waco lot be delivered by the United States marshal to a charitable institution. 6202. Adulteration of pineapple-flavored fountain sirup. U. S. v. 15 Jugs of Pineapple-Flavored_Fountain Syrup. Default decree of condemnation and destruction. (F. D. C. No. 11587. Sample No. 51259-F.)

LIBEL FILED: January 6, 1944, District of Massachusetts.

ALLEGED SHIPMENT: On or about October 12, 1943, by the National Processed Foods Corporation, from Brooklyn, N. Y.

PRODUCT: 15 1-gallon jugs of pineapple-flavored fountain sirup at Springfield, Mass.

LABEL, IN PART: "National Concentrated Pineapple Flavored Fountain Syrup Contains Pineapple Juice, Cane Sugar, Citric Acid 1-10 of 1% Benzoate of Soda."

VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), an artificially flavored and colored sugar solution, acidulated with phosphoric acid or acid phosphate and containing no pineapple juice or citric acid, had been substituted for concentrated pineapple-flavored fountain sirup.

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Misbranding, Section 403 (a), the statements appearing on the label of the article, "Concentrated Pineapple Flavored Fountain Syrup * Pineapple Juice * * Citric Acid," were false and misleading as applied to an artificially flavored and colored sugar solution, acidulated with phosphoric acid or acid phosphate and containing no pineapple juice or citric acid; Section 403 (b), the product was offered for sale under the name of another food; Section 403 (c), it was an imitation of another food, pineapple 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; Section 403 (i) (2), it was was fabricated from two or more ingredients and its label failed to bear the common or usual name of each such ingredient; and, Section 403 (k), it contained artificial flavoring and artificial coloring and failed to bear labeling stating that fact.

DISPOSITION: February 7, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

CEREAL AND CEREAL PRODUCTS

ALIMENTARY PASTES

6203. Adulteration of egg noodles. U. S. v. 33 Cases, 24 Cases, and 60 Cases of Egg Noodles. Default decrees of condemnation and destruction. (F. D. C. Nos. 11206, 11283. Sample Nos. 1457-F, 1458-F, 59428-F.) LIBELS FILED: December 3, 1943, Northern District of Indiana; December 9, 1943, Western District of Michigan.

ALLEGED SHIPMENT: From on or about September 14 to November 13, 1943, by Mrs. Kelley's Noodle Kitchen, from Dayton, Ohio.

PRODUCT: 33 cases, each containing 24 2-pound packages, and 24 cases, each containing 12 1-pound packages, at Fort Wayne, Ind.; and 60 cases, each containing 24 2-pound packages of egg noodles, at Sturgis, Mich. LABEL, IN PART:

"Perfect's Brand 100% Pure Egg Noodles Packed for A. H.

Perfect & Co. Inc."

DEPOSITED BY THE UNITED STATES OF AMERICA

JUN 2 '45 6201-6400]

NOTICES OF JUDGMENT

69

VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of filthy substances by reason of the presence of one or more of the following types of filth: Rodent hair fragments, insect fragments, and fragments resembling rodent hairs; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it might have become contaminated with filth.

DISPOSITION: January 8 and May 13, 1944. No claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. 6204. Adulteration of egg noodles. U. S. v. 124 Cases of Egg Noodles. Default decree of condemnation and destruction. (F. D. C. No. 11485. Sample No. 48149-F.)

LIBEL FILED: December 21, 1943, Middle District of Tennessee.

ALLEGED SHIPMENT: On or about March 25 and April 2, 1943, by the Noody Products Co., from Toledo, Ohio.

PRODUCT: 124 cases, each containing 24 packages, of egg noodles, at Nashville, Tenn.

LABEL, IN PART: "Noody Noodles."

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 larvae, insect fragments, and rodent hair fragments.

DISPOSITION: February 7, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

Default

6205. Adulteration of Tenderoni. U. S. v. 149 Cartons of Tenderoni. decree of condemnation and destruction. (F. D. C. No. 11216. Sample No. 49758-F.)

LIBEL FILED: December 1, 1943, Western District of New York.

ALLEGED SHIPMENT. On or about April 2, 1943, by Van Camp's, Inc., from Joliet, Ill.

PRODUCT: 149 cartons, each containing 24 packages, of Tenderoni at Elmira, N. Y.

LABEL, IN PART: (Package) "Van Camp's Tenderoni."

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, pupae, cast skins, head capsules, and insect fragments. DISPOSITION: February 28, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. It was used for hog feed.

BAKERY PRODUCTS

6206. Adulteration of bakery products. U. S. v. Pennsylvania Baking Co., and William W. Scheuer. Pleas of guilty. Fine of $50 on each of 2 counts. Sentence suspended on third count and defendants placed on 1 year's probation. (F. D. C. No. 11350. Sample Nos. 45595-F, ̄45597-F, 56321-F.) INFORMATION FILED: On February 21, 1944, in the Middle District of Pennsylvania, against the Pennsylvania Baking Co., a corporation, and William Scheuer, Scranton, Pa.

ALLEGED SHIPMENT: On or about August 16 and 31, 1943, from the State of Pennsylvania into the State of New York.

LABEL, IN PART: "Wine Biscuits," or "Gem Salted [or "Daisy"], Oyster Crackers." 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 rodent hair fragments, insect fragments, larvae fragments, and, in one portion, a cat hair fragment.

DISPOSITION: March 20, 1944. Pleas of guilty having been entered, each defendant was fined $50 on each of counts 1 and 2. Imposition of sentence was suspended on count 3, and the defendants were placed on 1 year's probation. 6207. Adulteration of bakery products. U. S. v. Fred P. Rentz and Marion C. Morris (U. S. Baking Co.). Pleas of guilty. Defendants placed on 2 years' probation. (F. D. C. No. 9658. Sample Nos. 28470-F, 28471-F, 28698-F, to 28700-F, incl.)

INFORMATION FILED: On June 22, 1943, in the Northern District of Georgia, against Fred P. Rentz and Marion C. Morris, trading as copartners under the firm name U. S. Baking Co., Atlanta, Ga.

ALLEGED SHIPMENT: From on or about January 16 to 28, 1943, from the State of
Georgia into the States of Florida and North Carolina.
LABEL, IN PART: "5¢ Victory Sandwich Pie."

VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the articles consisted in whole or in part of a filthy substance by reason of the presence of rodent hair fragments; and, Section 402 (a) (4), they had been prepared under insanitary conditions whereby they might have become contaminated with filth.

DISPOSITION: March 30, 1944. Pleas of guilty having been entered, the defendants were placed on 2 years' probation.

6208. Adulteration of bread. U. S. v. Charlie E. Little and Curtis V. McCollum (College Bakery). Pleas of guilty. Fine, $100 each. (F. D. C. No. 11334. Sample Nos. 57606-F to 57608-F, incl.)

INFORMATION FILED: On February 3, 1944, in the District of New Mexico, against Charlie E. Little and Curtis V. McCollum, trading as the College Bakery, Portales, N. Mex.

ALLEGED SHIPMENT: On or about July 28, 1943, from the State of New Mexico into the State of Texas.

LABEL, IN PART: (Portions of product, wrappers) "Golden Krust Family Loaf." 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 excreta pellet fragments, rodent hair fragments, and hair fragments resembling rodent hairs; and, Section 402 (a) (4), it had been prepared, packed, or held under insanitary conditions whereby it might have become contaminated with filth. DISPOSITION: March 16, 1944. defendant was fined $100.

Pleas of guilty having been entered, each

6209. Adulteration of cookies. U. S. v. John Iacone (Centre Bakery). Plea of guilty. Fine, $300. Payment suspended and defendant placed on 1 year's probation. (F. D. C. No. 10620. Sample Nos. 45386-F, 45387-F, 45389-F.)

INFORMATION FILED: On February 15, 1944, in the District of New Jersey, against John Iacone, trading as the Centre Bakery, at West New York, N. J. ALLEGED SHIPMENT: On or about June 17, 1943, from the State of New Jersey into the State of New York.

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, cat hair fragments, and dirt fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it might have become contaminated with filth.

DISPOSITION: On March 15, 1944, a plea of guilty was entered; and on March 31, 1944, a fine of $300 was imposed. Payment of the fine was suspended and the defendant was placed on 1 year's probation.

6210. Misbranding of ice box cookies.

guilty. Fine, $200 and costs.
10613-F, 10819-F, 15857-F.)

U. S. v. Miracle Baking Co., Inc. Plea of (F. D. C. No. 9632. Sample Nos. 9040-F,

INFORMATION FILED: On July 7, 1943, in the Northern District of Illinois, against the Miracle Baking Co., Inc., Chicago, Ill.

ALLEGED SHIPMENT: From on or about November 25 to December 31, 1942, from the State of Illinois into the States of Texas, California, and Wyoming. LABEL, IN PART: (Boxes) "Miracle Ice Box Cookies * * * Net Weight 13 oz." VIOLATIONS CHARGED: Misbranding, Section 403 (a), the statement "Net Weight 13 oz.," borne on the boxes, was false and misleading since the boxes contained a smaller amount of the food than 13 ounces; and, Section 403 (e) (2), the product was in package form and its label did not bear an accurate statement of the quantity of the contents.

DISPOSITION: April 20, 1944. The defendant having entered a plea of guilty, a fine $200 and costs was imposed.

6211. Adulteration and misbranding of pretzels. U. S. v. 134 Tins of Pretzels. Default decree of condemnation and destruction. (F. D. C. No. 11572. Sample No. 53573-F.)

LIBEL FILED: January 6, 1944, District of Maryland.
ALLEGED SHIPMENT:
Co., from Hanover, Pa.
PRODUCT: 134 tins, each containing 7 pounds, of pretzels at Baltimore, Md.
LABEL, IN PART: "Safe For You and Your Children Dobb's R-Good Wholesome
Pure Jumbo [or "Large," "Butter," "Penny," or "Sticks"] Distributed By Dobb's
R-Good Products Co., Baltimore."

On or about December 13, 1943, by the Revonah Pretzel

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 fraginents; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it might have become contaminated with filth.

Misbranding, Section 403 (a) the statement "Wholesome Pure," on the label, was false and misleading as applied to a product containing rodent hair fragments and insect fragments, and produced under insanitary conditions. DISPOSITION: February 5, 1944. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed and the containers returned to the consignee.

6212. Adulteration of pretzel straws and pretzel sticks. U. S. v. 24 Cartons and 999 Cartons of Pretzel Straws, and 2 Cans of Pretzel Sticks, Default decrees of condemnation and destruction. (F. D. C. Nos. 11464, 11528. Sample Nos. 48262-F, 48263-F, 48535-F.) LIBELS FILED: December 28 and 29, 1943, Northern and Southern Districts of Ohio.

ALLEGED SHIPMENT: From on or about November 12 to November 23, 1943, by the Becker Pretzel Bakeries, Inc., Baltimore, Md.

PRODUCT: 24 cartons, each containing 12 1-ounce packages, of pretzel straws and 2 cans, each containing 175 pretzel sticks, at Cleveland, Ohio, and 999 7-pound cartons of pretzel straws at Cincinnati, Ohio.

LABEL, IN PART: (Packages) "Becker's Pretzel Straws," (cans) "Becker's Pet-so Pretzels Giant Sticks," and (939 cartons) "Becker's Crisp Tender Delicious Pretzels Pretzel Straws."

VIOLATIONS CHARGED: Adulteration, Section 402 (a) (3), the articles consisted in whole or in part of a filthy substance by reason of the presence of insect fragments, rodent hair fragments, and fragments resembling rodent hairs; and, Section 402 (a) (4), they had been prepared under insanitary conditions whereby they might have become contaminated with filth.

DISPOSITION: February 12 and May 25, 1944. No claimant having appeared, judgments of condemnation were entered and the products were ordered destroyed.

CORN MEAL

6213. Adulteration of corn meal. U. S. v. 1,550 Bags of Corn Meal. Decree of condemnation. Product ordered released under bond. (F. D. C. No. 11751. Sample Nos. 61117-F to 61119-F, incl.)

LIBEL FILED: On or about February 15, 1944, Southern District of Mississippi. ALLEGED SHIPMENT: On or about January 11, 1944, by the Kalmbach-Burckett Co., Inc., from Shreveport, La.

PRODUCT: Corn meal: 700 10-pound bags, 800 pound bags at Natchez, Miss.

LABEL, IN PART: "Squirrel Pearl Meal.”

25-pound bags, and 50 100

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, rodent hairs, and insect fragments.

DISPOSITION: February 28, 1944. The Kalmbach-Burckett Co., claimant, having admitted the allegations of the libel to the extent that the product was subject to being condemned at the time of seizure, judgment of condemnation was entered and the product was ordered released under bond to be reworked and disposed of for use other than human consumption, under the supervision of the Food and Drug Administration.

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