8712. Adulteration of dried whole eggs. U. S. v. 64 Cartons of Dried Whole Eggs. Default decree of condemnation and destruction. (F. D. C. No. 15209. Sample No. 27305-H.) LIBEL FILED: February 9, 1945, District of Oregon. ALLEGED SHIPMENT: St. Louis, Mo. On or about December 16, 1944, by Danches Brothers, from PRODUCT: 64 cartons, each containing 56 pounds, of dried whole eggs at Portland, Oreg. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: March 12, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 8713. Adulteration of frozen whole eggs. U. S. v. 619 Cans of Frozen Whole Eggs. Default decree of condemnation and destruction. (F. D. C. No. 15619. Sample No. 23916-H.) LIBEL FILED: March 12, 1945, Northern District of Alabama. ALLEGED SHIPMENT: On or about August 18, 1944, by the Chapin and Adams Corporation, from Boston, Mass. PRODUCT: 619 cans, each containing 30 pounds, of frozen whole eggs at Birmingham, Ala. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: April 13, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 8714. Adulteration of frozen whole eggs. U. S. v. 132 Cartons of Frozen Whole Eggs. Default decree of condemnation and destruction. (F. D. C. No. 15455. Sample No. 26921-H.) LIBEL FILED: On or about March 5, 1945, District of Colorado. ALLEGED SHIPMENT: On or about October 9 and 11, 1944, by a storage warehouse, for the Pierce Packing Co., from Billings, Mont. PRODUCT: 132 30-pound cartons of frozen whole eggs at Denver, Colo. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: April 30, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. Destruction was effected by the use of the product for hog feed. 8715. Adulteration of frozen whole eggs. U. S. v. 1,174 Cans of Frozen Whole Eggs. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 15323. Sample Nos. 5657-H to 5659-H, incl.) LIBEL FILED: February 27, 1945, Southern District of New York. ALLEGED SHIPMENT: On or about January 23, 1945, by the General Produce Co., from Des Moines, Iowa. * * PRODUCT: 1,174 30-pound cans of frozen whole eggs at New York, N. Y. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. D SPOSITION: March 24, 1945. Morris Silberman, claimant, 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 denatured, or destroyed, under the supervision of the Food and Drug Administration. 8716. Adulteration of frozen whole eggs. U. S. v. 268 Cans of Frozen Whole Eggs. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 15300. Sample No. 11424–H.) LIBEL FILED: February 27, 1945, District of Rhode Island. ALLEGED SHIPMENT: On or about November 18, 1944, by F. J. Peterson, from Chicago, Ill. PRODUCT: 268 30-pound cans of frozen whole eggs at Providence, R. I. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a putrid substance. DISPOSITION: March 9, 1945. A. E. Mills & Son, Inc., Boston, Mass., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for the segregation of the unfit portion, under the supervision of the Food and Drug Administration. 8717. Adulteration of frozen eggs. U. S. v. 109 Cans and 75 Cans of Frozen Eggs. One lot condemned and ordered converted into animal feed or destroyed; portion of remaining lot ordered disposed of as stock feed; remainder ordered released. (F. D. C. Nos. 13683, 14769. Sample Nos. 87340-F, 97703-F.) LIBELS FILED: September 13 and December 14, 1944, District of Minnesota. ALLEGED SHIPMENT: Between the approximate dates of July 3 and 24, 1944, by the North American Creameries, Inc., from Watertown, S. Dak. PRODUCT: 75 30-pound cans of frozen eggs at Duluth, Minn., and 109 30-pound cans of frozen eggs at Minneapolis, Minu. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: On February 2, 1945, upon motion of the North American Creameries, Inc., claimant for the Minneapolis lot, the court ordered that each can of the Minneapolis lot be examined by representatives of the Government and the claimant, in order to determine the fitness of the product for human consumption, and that a detailed report be made to the court. On April 28, 1945, the court denied a motion by the Government to set aside the order of February 2, 1945. On June 29, 1945, 88 cans, the portion found to be fit, were ordered released to the claimant, and the remaining cans were ordered destroyed. On July 27, 1945, by amended order, the product in the remaining cans was ordered denatured and disposed of as stock feed. No claimant having appeared for the Duluth lot, judgment of condemnation was entered on June 13, 1945, and the product was ordered destroyed unless properly converted into animal feed, under the supervision of the Food and Drug Administration. 8718. Adulteration of frozen egg whites. U. S. v. 1,032 Cans of Frozen Egg Whites. Decree of condemnation. Product ordered released under bond. (F. D. C. No. 15264. Sample No. 11505-H.) LIBEL FILED: February 12, 1945, District of Massachusetts. ALLEGED SHIPMENT: On or about June 20, 1944, by the Distribution Terminal Warehouse Co., from Cleveland, Ohio. PRODUCT: 1,032 30-pound cans of frozen egg whites at Worcester, Mass. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: April 27, 1945. The Hathaway Bakeries, Inc., Cambridge, Mass., claimant, 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 destroyed under the supervision of the Food and Drug Administration. 8719. Adulteration of shell eggs. U. S. v. 75 Cases of Shell Eggs. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 15289. Sample No. 6147-H.) LIBEL FILED: February 24, 1945, District of New Jersey. ALLEGED SHIPMENT: On or about December 31, 1944, by the Bowser Sales and Trading Co., from Parkersburg, W. Va. PRODUCT: 75 cases, each containing 30 dozen, of shell eggs at Jersey City, N. J. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: April 2, 1945. Carl Ahlers, Inc., New York, N. Y., claimant, 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 denatured, or destroyed, under the supervision of the Food and Drug Administration, FEEDS AND GRAINS 8720. Adulteration and misbranding of meat and bone scraps. U. S. v. Robert W. Schaefer (Schaefer Feed Co.). Plea of guilty. Fine, $600. (F. D. C. INFORMATION FILED: April 3, 1945, Eastern District of Illinois, against Robert W. ALLEGED SHIPMENT: On or about November 23, 1943, and January 10, 1944, from the State of Illinois into the States of Ohio and Missouri. * LABEL, IN PART: (Tags) "Gro-Mor Brand Meat and Bone Scraps." NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product containing soy bean oil meal, a portion of which contained less than 50 percent of protein, had been substituted in whole or in part for meat and bone scraps containing 50 percent of protein, which the article purported and was represented to be. Misbranding, Section 403 (a), the statements, “Meat and Bone Scraps 50% Ingredients Meat and Bone Scraps," and (portion) "protein (not less than) 50.00%," borne on the tags, were false and misleading since they represented and suggested that the product consisted entirely of meat and bone scraps and that it contained 50 percent of protein, whereas it consisted in part of soy bean oil meal, and a portion contained not over 46.44 percent of protein. DISPOSITION: June 26, 1945. The defendant entered a plea of guilty, and the court imposed a fine of $150 on each of 4 counts, a total fine of $600, plus costs. 8721. Misbranding of bone meal. U. S. v. Riverdale Products Co. Plea of guilty. Fine, $75. (F. D. C. No. 12586. Sample Nos. 47330-F, 47368-F, 48172-F.) INFORMATION FILED: December 1, 1944, Northern District of Illinois, against the Riverdale Products Co., a corporation, Chicago, Ill. ALLEGED SHIPMENT: Between the approximate dates of September 22 and December 15, 1943, from the State of Illinois into the State of Tennessee. LABEL, IN PART: "Chapman's Feeding Special Odorless Steamed Bone Meal." NATURE OF CHARGE: Adulteration, Section 402 (a) (1), the product contained an added poisonous and deleterious substance, fluorine, which might have rendered it injurious to health; and, Section 402 (b) (2), a mixture of phosphate rock and bone meal had been substituted for bone meal. Misbranding, Section 403 (a), the name of the food, "Bone Meal," borne on the label, was false and misleading since the product consisted of a mixture of phosphate rock and bone meal; 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 ingredient. DISPOSITION: February 21, 1945. A plea of guilty having been entered on behalf of the defendant, a fine of $75 was imposed. 8722. Misbranding of Singer's Earth Crust Minerals. U. S. v. 20 Bags of Singer's Earth Crust Minerals, and a number of circulars. Default decree of forfeiture and destruction. (F. D. C. No. 12345. Sample No. 8446-F.) LIBEL FILED: May 13, 1944, Western District of Wisconsin. ALLEGED SHIPMENT: On or about November 12, 1943, from Barrington, Ill., by the Chain of Lakes Duck Farm (E. Albert Singer). PRODUCT: 20 100-pound bags of the above-named product and a number of circulars entitled "Singer's Earth Crust Minerals," at Bangor, Wis. Analysis of a sample showed that the article consisted essentially of clay or soil, calcium carbonate, a compound of phosphorus, and salt, including 13.4 percent calcium calculated as the metal, 1.3 percent phosphorus calculated as the element, and 12.6 percent salt. The label mentioned phosphorus and calcium, but it did not reveal the names of the compounds of these elements contained in the article. NATURE OF CHARGE: Misbranding, Section 403 (a), the statements on the label of the article and in the accompanying circulars were false and misleading since they represented and suggested that the article would be effective in keeping livestock and poultry healthy, and in removing any species of worms from the intestines of livestock and poultry; that it would prevent poor digestion, loss of appetite, a run-down condition, and diseases in general; that it would lower mortality; that it would prevent the disease condition of poultry known as range paralysis; and that its use would save feeding costs; whereas the article, while it might furnish small amounts of certain food minerals, would not be effective for the purposes claimed. Further misbranding, Section 403 (i) (2), the label of the article failed to bear the common or usual name of each ingredient. The article was also alleged to be misbranded under the provisions of the law applicable to drugs, as reported in notices of judgment on drugs and devices, No. 1400. DISPOSITION: February 17, 1945. No claimant having appeared, judgment of forfeiture was entered and the product, together with the circulars, was ordered destroyed. FISH AND SHELLFISH 8723. Adulteration of crab meat. U. S. v. 4 Cases and 13 LIBEL FILED: March 2, 1945, Northern District of Illinois. Cases of Crab Meat. (F. D. C. No. 15250. ALLEGED SHIPMENT: On November 29, 1944, by the Cresent Seafood Sales Co., Inc., from Westwego, La. PRODUCT: 4 cases and 13 cases, each containing 24 at Chicago, Ill. 62-ounce cans, of crabmeat NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: May 16, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 8724. Adulteration of frozen herring. U. S. v. 47 Boxes of Frozen Herring. Default decree of condemnation and destruction. (F. D. C. No. 15222. Sample No. 17817-H.) LIBEL FILED: February 7, 1945, Eastern District of Wisconsin. ALLEGED SHIPMENT: On or about January 15, 1945, by the Shapiro Fisheries, from Chicago, Ill. PRODUCT: 47 125-pound boxes of frozen herring at De Pere, Wis. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: March 20, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 8725. Adulteration of frozen herring. U. S. v. 7 Boxes of Frozen Herring. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 15203. Sample No. 17815-H.) LIBEL FILED: On or about February 8, 1945, Northern District of Illinois. ALLEGED SHIPMENT: On or about January 22, 1945, by the Midwest Fish Co., from Green Bay, Wis. PRODUCT: 7 boxes, containing a total of 1,000 pounds, of frozen herring at Chicago, Ill. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: March 23, 1945. The Shapiro Fisheries, Chicago, Ill., claimant, having admitted the facts in the libel, 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. 8726. Adulteration of frozen herring. U. S. v. 120 Boxes of Frozen Herring. Consent decree of condemnation. Product ordered released under bond. (F. D. C. Nos. 15385, 15386. Sample Nos. 17818-H, 17819-H.) LIBEL FILED: On or about February 23, 1945, Northern District of Illinois. ALLEGED SHIPMENT: On or about November 24, 1943, by the Fleith Ehler Mercantile Co., from Ashland, Wis. PRODUCT: 4 boxes and 116 boxes, each containing 125 pounds, of frozen herring at Chicago, Ill. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a putrid substance. DISPOSITION: March 23, 1945. The Shapiro Fisheries, Chicago, Ill., claimant. having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for disposition in accordance with the law, under the supervision of the Food and Drug Administration. 8727. Adulteration of Tidbits of Herring. U. S. v. 17 Cases of Tidbits of Herring. Default decree of condemnation and destruction. (F. D. C. No. 15285. Sample No. 717-H.) LIBEL FILED: February 17, 1945, Northern District of Georgia. ALLEGED SHIPMENT: On or about September 15, 1944, by the Sea King Food Corporation, from New York, N. Y. PRODUCT: 17 cases, each containing 24 8-ounce jars, of Tidbits of Herring at Atlanta, Ga. This product was undergoing active fermentation. LABEL, IN PART: (Jars) "Tidbits of Herring in Wine Sauce By North Atlantic Fishery Products, Inc. New York, N. Y." Packed NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: March 13, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 8728. Adulteration of canned mackerel. U. S. v. 99 Cases and 52 Cases of Canned Mackerel. Consent decree of condemnation. Product ordered released under bond. (F. D. C. Nos. 15129, 15131. Sample Nos. 5602-H, 5944-H.) LIBELS FILED: February 2 and 6, 1945, Southern District of New York and District of New Jersey. ALLEGED SHIPMENT: On or about December 14, 1944, by the Halfhill Co., from PRODUCT: 99 cases and 52 cases, each containing 48 15-ounce cans, of mackerel Packed for NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a decomposed substance. DISPOSITION: June 19, 1945. The Sardamack Fisheries Co., claimant, having admitted the allegations of the libels, and the cases having been consolidated for trial in the Southern District of New York, judgment of condemnation was entered and the product was ordered released under bond for segregation and destruction of the unfit portion, under the supervision of the Food and Drug Administration. 8729. Adulteration and misbranding of canned mackerel. U. S. v. 82 Cases of Canned Mackerel (and 2 other seizure actions against canned mackerel). Portion of product condemned and ordered destroyed; remainder ordered released under bond. (F. D. C. Nos. 15211 to 15213, incl. Sample Nos. 89910-F, 22507 H, 27213-H.) LIBELS FILED: February 6 and 9, 1945, Eastern District of Washington and Western District of Tennessee. ALLEGED SHIPMENT: On or about October 31 and November 1, 1944, by the California Sea Food Co., Long Beach, Calif. PRODUCT: 403 cases and 103 cases, each containing 48 cans of mackerel at Spokane, Wash., and Memphis, Tenn., respectively. LABEL, IN PART: "Val Vita Brand California Mackerel." NATURE OF CHARGE: Spokane lot, adulteration, Section 402 (b) (2), another variety of fish, commonly called horse mackerel, had been substituted for mackerel, which the article was represented to be. Misbranding, Section 403 (a), the label statement "California Mackerel" was false and misleading. Memphis lot, adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. |