PRODUCT: 475 32-pound cases of butter at Louisville, Ky. LABEL, IN PART: (Carton) "Autumn Leaf Creamery Butter"; (wrapper) "Daisy Brand Creamery Butter." NATURE OF CHARGE: Adulteration, Section 402 (b) (2), the product contained less than 80 percent by weight of milk fat. DISPOSITION: February 26, 1945. The Lanesville Creamery Co., claimant, having admitted the material allegations of the libel, Judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration. 9069. Adulteration of butter. U. S. v. 21 63-Pound Cartons of Butter. decree of condemnation. Product ordered released under bond. No. 15781. Sample No. 18859-H.) LIBEL FILED: March 9, 1945, Southern District of New York. Consent (F. D. C. ALLEGED SHIPMENT: On or about February 23, 1945, by the Rosebud Creamery Co., Gregory, S. Dak. PRODUCT: 21 63-pound cartons of butter at New York, N. Y. NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product containing less than 80 percent by weight of milk fat had been substituted for butter. DISPOSITION: March 22, 1945. The Vineland Butter & Egg Corporation, 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 for reworking under the supervision of the Food and Drug Administration. 9070. Adulteration of butter. U. S. v. 25 Cartons (1,600 pounds) of Butter. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 15784. Sample Nos. 5666-H, 18849-H.) LIBEL FILED: March 7, 1945, Southern District of New York. ALLEGED SHIPMENT: On or about February 17, 1945, by the New Ulm Dairy, from New Ulm, Minn. PRODUCT: 25 64-pound cartons of butter at New York, N. Y. LABEL, IN PART: "Butter Distributed By F. F. Lowenfels & Son 330 New York." NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product containing less than 80 percent by weight of milk fat had been substituted for butter. DISPOSITION: March 20, 1945. The New Ulm Dairy, claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration. 9071. Adulteration of butter. U. S. v. 18 Cartons (1,152 pounds) of Butter. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 15785. Sample Nos. 5676-H, 19001-H.) LIBEL FILED: March 26, 1945, Southern District of New York. ALLEGED SHIPMENT: March 6, 1945, by the Bowman Creamery Co., from Bowman, N. Dak. PRODUCT: 18 64-pound cartons of butter at New York, N. Y. LABEL, IN PART: "Butter John Doscher & Co. Distributors New York." NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product containing less than 80 percent by weight of milk fat had been substituted for butter. DISPOSITION: April 9, 1945. The Standard Butter & Egg Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration. 9072. Adulteration of butter. U. S. v. 169 Cartons (10,140 pounds) and 47 Cartons (2,860 pounds) of Butter. Consent decree of condemnation. Product ordered released under bond. (F. D. C. Nos. 15786, 16087. Sample Nos. 5673-H, 5674-H, 5677-H, 5678-H, 5681-H, 5684-H.) LIBELS FILED: March 24 and April 11, 1945, Southern District of New York. ALLEGED SHIPMENT: On or about March 13 and 16, 1945, by the Lakeview Dairies, Inc., from Pepin, Wis. PRODUCT: 169 60-pound cartons, 20 62-pound cartons, and 27 60-pound cartons of butter at New York, N. Y. NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product containing less than 80 percent by weight of milk fat had been substituted for butter. DISPOSITION: May 25, 1945. The cases having been consolidated and Alex and Irene Eisenberg, trading as the Penn Blue Ridge Dairies, claimants, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration. 9073. Adulteration of butter. U. S. v. 19 Cases of Butter. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 9009. Sample Nos. 31732-F, 31733-F.) LIBEL FILED: On or about December 7, 1942, Southern District of Ohio. PRODUCT: 19 30-pound cases of butter at Cincinnati, Ohio. LABEL, IN PART: "Spring Dale Brand Creamery Butter The C. Eberle Sons Company, Distributors, Cincinnati, Ohio." NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product containing less than 80 percent by weight of milk fat had been substituted for butter. DISPOSITION: December 11, 1942. The Napoleon Creamery, claimant, having admitted the facts of the libel, judgment of condemnation was entered and the product was ordered released under bond for reworking under the supervision of the Federal Security Agency. 9074. Adulteration of butter. U. S. v. 31 63-Pound Cartons of Butter. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 16327. Sample No. 19037-H.) LIBEL FILED: May 18, 1945, Southern District of New York. ALLEGED SHIPMENT: On or about May 9, 1945, by the Towner Creamery, from Towner, N. Dak. PRODUCT: 31 63-pound cartons of butter at New York, N. Y. NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product containing less than 80 percent by weight of milk fat had been substituted for butter. DISPOSITION: June 9, 1945. George Wittner & Co., 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 for reworking under the supervision of the Food and Drug Administration. 9075. Adulteration of butter. U. S. v. 116 Cartons (6,960 pounds) and 67 Cartons (4,020 pounds) of Butter. Consent decrees of condemnation. Product ordered released under bond. (F. D. C. Nos. 16089, 16735. Sample Nos. 5685-H, 7406-H.) LIBELS FILED: April 12 and June 27, 1945, Southern District of New York. ALLEGED SHIPMENT: On or about March 30 and June 16, 1945, by the Plymouth Creamery Co., from Le Mars, Iowa. PRODUCT: 116 cartons and 67 cartons, each containing 60 pounds, of butter at LABEL, IN PART: "Butter Distributed by Standard Butter & Egg Co. New NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a product containing less than 80 percent by weight of milk fat had been substituted for butter. DISPOSITION: April 25 and July 7, 1945. The Standard Butter and Egg Co., claimant, having admitted the allegations of the libels, judgments of condemnation were entered and the product was ordered released under bond for reworking under the supervision of the Food and Drug Administration. Consent 9076. Misbranding of butter. U. S. v. 64 32-Pound Cartons of Butter. decree of condemnation. Product ordered released under bond. (F. D. C. No. 15783. Sample No. 5664-H.) LIBEL FILED: March 6, 1945, District of New Jersey. ALLEGED SHIPMENT: On or about February 19, 1945, by J. Rosenblum and Son. from New York, N. Y. 722967-47-4 PRODUCT: 64 cartons, each containing 32 1-pound prints, of butter at Paterson, NATURE OF CHARGE: Misbranding, Section 403 (e) (2), the article failed to bear a label containing an accurate statement of the quantity of the contents. DISPOSITION: March 7, 1945. J. Rosenblum and Sons, claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for reprinting to the declared weight, under the supervision of the Federal Security Agency. EGGS 9077. Adulteration of dried eggs. U. S. v. 11 Cases of Dried Whole Eggs. Default decree of condemnation and destruction. (F. D. C. No. 15884. Sample No. 27431-H.) LIBEL FILED: April 9, 1945, District of Oregon. ALLEGED SHIPMENT: On or about February 27, 1945, by the Union Pacific Railroad Agent, from Seattle, Wash. PRODUCT: 11 56-pound cases of dried whole eggs, at Portland, Oreg. The product was moldy because of water damage. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: May 14, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 9078. Adulteration of dried eggs. U. S. v. 1 Barrel of Dried Eggs. Default decree of condemnation and destruction. (F. D. C. No. 15747. Sample No. 5812-H.) LIBEL FILED: March 28, 1945, District of New Jersey. ALLEGED SHIPMENT: On or about March 22, 1943, from Brooklyn, N. Y. PRODUCT: 1 barrel containing about 170 pounds of dried eggs at Trenton, N. J. LABEL, IN PART: "Samuel Dunkel & Co., Inc., New York, N. Y. July 1942 Spray Dried Whole Eggs Andes, N. Y." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a decomposed substance. DISPOSITION: November 10, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 9079. Adulteration of frozen eggs. U. S. v. 160 Cans of Frozen Whole Eggs. Consent decree of condemnation. Product released under bond. (F. D. C. No. 14529. Sample No. 87392-F.) LIBEL FILED: November 27, 1944, District of Minnesota. ALLEGED SHIPMENT: On or about November 4, 1944, by Featherweight Foods, PRODUCT: 160 30-pound cans of frozen whole eggs at St. Paul, Minn. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: May 28, 1945. The Omaha Cold Storage Co., Omaha, Nebr., claimant, having filed a motion for the removal of the case to the District of Nebraska, which motion was denied, and having subsequently admitted the material 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. 9080. Adulteration of frozen eggs. U. S. v. 2,300 Cans and 312 Cans of Frozen Eggs. Decrees ordering portion of product released under bond; remainder condemned and destroyed. (F. D. C. Nos. 15787, 15788. Sample Nos. 2007-H, 4515-H.) LIBELS FILED: April 2 and 3, 1945, Eastern and Middle Districts of Pennsylvania. ALLEGED SHIPMENT: On or about February 12 and 14, 1945, by Swift and Co., from Chicago, Ill. PRODUCT: 2,300 cans and 312 cans, each can containing 30 pounds, of frozen eggs at Chambersburg and Philadelphia, Pa., respectively. LABEL, IN PART: "Gold Crest Frozen Eggs A Blend of Yolks and Whites 26% Solids," or "(M) Frozen Blend of Egg Yolks & Egg Whites." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: May 1 and 3, 1945. Swift & Co., claimant for the lot at Chambersburg, having admitted the allegations of the libel, judgment was entered ordering that the product be released under bond to be brought into compliance with the law under the supervision of the Food and Drug Administration. No claimant having appeared for the Philadelphia lot, judgment of condemnation was entered and the product was ordered destroyed. 9081. Adulteration of frozen eggs. U. S. v. 40 Cans of Frozen Whole Eggs. Default decree entered ordering the product destroyed unless reprocessed for use as animal feed. (F. D. C. No. 15849. Sample No. 18721-H.) LIBEL FILED: April 2, 1945, District of Minnesota. ALLEGED SHIPMENT: On or about May 31, 1944, by The Bessemer Creamery Co., from Bessemer, Mich. PRODUCT: 40 20-pound cans of frozen whole eggs at Duluth, Minn. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: July 7, 1945. No claimant having appeared, judgment was entered ordering the product destroyed unless reprocessed for use as animal feed, under the supervision of the Food and Drug Administration. FISH 9082. Adulteration of frozen cod fillets. U. S. v. 42 Boxes of Frozen Cod Fillets. Default decree of condemnation and destruction. (F. D. C. No. 15896.. Sample No. 5999-H.) LIBEL FILED: April 11, 1945, Northern District of New York. ALLEGED SHIPMENT: On or about November 7, 1944, by J. Adams and Co., from Boston, Mass. PRODUCT: 42 15-pound boxes of frozen cod fillets at Syracuse, N. Y. LABEL, IN PART: "Cod Fillets 15 Lbs. Shamrock." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: May 10, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 9083. Adulteration of frozen cod fillets. U. S. v. 95 Cartons of Frozen Cod Fillets. Default decree of condemnation and destruction. (F. D. C. No. 15899. Sample No. 6901-H.) LIBEL FILED: April 11, 1945, Northern District of New York. ALLEGED SHIPMENT: On or about May 16, 1944, by Frost King Foods, Inc., from Boston, Mass. PRODUCT: 95 20-pound cartons of frozen cod fillets at Syracuse, N. Y. LABEL, IN PART: "Cod * * Shamrock." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: May 10, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 9084. Adulteration of frozen eelpout fillets. U. S. v. 726 Cartons of Frozen Eelpout Fillets. Default decrees of condemnation and destruction. (F. D. C. Nos. 16362, 16363. Sample Nos. 6822-H, 6823-H.) LIBELS FILED: June 20, 1945, Southern District of New York. ALLEGED SHIPMENT: On or about March 20, 1945, by the Seacoast Fish Co., from New Bedford, Mass. PRODUCT: 726 10-pound cartons of eelpout fillets at New York, N. Y. LABEL, IN PART: "Union Fillet Brand Packed by Union Fillet Co., New Bedford, Massachusetts Ocean Pout Fillets." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a filthy substance by reason of the presence of parasitized eelpout fillets; and, Section 402(a) (5), it was in whole or in part the product of a diseased animal. DISPOSITION: July 3, 1945. No claimant having appeared, judgments of condemnation were entered and the product was ordered destroyed. 9085. Adulteration of frozen haddock fillets. U. S. v. 122 Cartons of Haddock Fillets. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 15889. Sample Nos. 20450-H, 20467-H.) LIBEL FILED: April 9, 1945, District of Nebraska. ALLEGED SHIPMENT: On or about February 12, 1945, by the Morris Fisheries, Inc., from Chicago, Ill. PRODUCT: 122 cartons, each containing 2 5-pound boxes, of haddock fillets, at Omaha, Nebr. LABEL, IN PART: "Genoa Haddock Fillets." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: May 17, 1945. The American Community Stores Corporation, claimant, having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond to be brought into compliance with the law or destroyed, under the supervision of the Federal Security Agency. 9086. Adulteration of frozen haddock fillets. U. S. v. 458 Cartons of Frozen Haddock Fillets. Default decree of condemnation. Product ordered released to a State agency, for use as fish food. (F. D. C. No. 15885. Sample No. 5994-H.) LIBEL FILED: April 7, 1945, Northern District of New York. ALLEGED SHIPMENT: On or about February 21, 1945, by the Distributors Terminal Warehouse, from Cleveland, Ohio. PRODUCT: 458 10-pound cartons of frozen haddock fillets at Syracuse, N. Y. LABEL, IN PART: "Frozen Haddock Fillets The Atlantic Coast Fisheries Co., Boston, Mass." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance. DISPOSITION: On June 28, 1945, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. On August 1, 1945, an amended decree was entered providing for the release of the product to a State agency, for use as fish food. 9087. Adulteration of fresh herring. U. S. v. 4 Boxes of Herring. Default decree of condemnation and destruction. (F. D. C. No. 15692. Sample No. 17929-H.) LIBEL FILED: On or about March 30, 1945, Northern District of Illinois. ALLEGED SHIPMENT: On or about March 21, 1945, by R. Wich, from Two Harbors, Minn. PRODUCT: 4 boxes, each containing 65 pounds, of herring, at Chicago, Ill. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance by reason of the presence of parasitic worms. DISPOSITION: June 14, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 9088. Adulteration of salt cut herring. U. S. v. 112 Tubs of Cut Herring. Default decree of condemnation and destruction. (F. D. C. No. 16046. Sample No. 756-H.) LIBEL FILED: April 26, 1945, Eastern District of South Carolina. ALLEGED SHIPMENT: On or about August 14 and 18, 1944, by the Southgate Brokerage Co., Inc., from Norfolk, Va. PRODUCT: 112 tubs of salt cut herring at Sumter, S. C. LABEL, IN PART: "Trawler Brand Chesapeake Bay Cut Herring 250 Count." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted In whole or in part of a decomposed substance. |