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 rodent hair fragments and insect fragments.

DISPOSITION: July 11, 1945. The Fair Oaks Fruit Corporation, claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be washed, rebrined, and repacked under the supervision of the Food and Drug Administration.

9107. Adulteration of dry salt-cured olives. U. S. v. 52 Kegs of Salt Cured Olives. Default decree of condemnation and destruction. (F. D. C. No. 16307. Sample No. 29616-H.)

LIBEL FILED: June 1, 1945, Southern District of New York.

ALLEGED SHIPMENT: On or about May 5, 1945, by Luigi Lotorto, from Stockton, Calif.

PRODUCT: 52 kegs, each containing 100 pounds, of dry salt-cured olives at New York, N. Y. Examination showed the presence of moldy olives.

NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a decomposed substance.

DISPOSITION: June 20, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

Consent

9108. Misbranding of canned pears. U. S. v. 153 Cases of Canned Pears. decree of condemnation. Product ordered released under bond. (F. D. C. No. 16025. Sample No. 29118-H.)

LIBEL FILED: May 17, 1945, Northern District of California.

ALLEGED SHIPMENT: On or about January 25, 1945, by the Starr Fruit Products Co., from East Portland, Oreg.

PRODUCT: 153 cases, each containing 24 29-ounce cans, of pears at Sacramento, Calif. The product had the general appearance of pear halves, rather than mixed pieces of irregular sizes and shapes.

LABEL, IN PART: "Success Quality Salad Pieces Bartlett Pears Mixed Pieces of Irregular Sizes and Shapes in Heavy Syrup." NATURE OF CHARGE: Misbranding, Section 403 (a), the label statement, "Mixed Pieces of Irregular Sizes and Shapes," was false and misleading as applied to canned pear halves; and, Section 403 (h) (1), the article purported to be canned pear halves, but its quality fell below the prescribed standard therefor in that all units of the article were not untrimmed or were so trimmed as to preserve normal shape, and the label failed to bear, in manner and form as specified by the regulations, a statement that the article was substandard. DISPOSITION: August 6, 1945. Tiedemann & McMorran, San Francisco, Calif., claimant, having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for relabeling under the supervision of the Federal Security Agency.

9109. Adulteration of canned prunes. U. S. v. 154 Cases of Canned Prunes. Default decree of condemnation. Product ordered delivered to a Federal institution, for use as animal feed. (F. D. C. No. 15978. Sample No. 28196-H.)

LIBEL FILED: May 2, 1945, Western District of Washington.

ALLEGED SHIPMENT: On or about February 19, 1945, by the Paulus Brothers Packing Co., from Roseburg, Oreg.

PRODUCT: 154 cases, each containing 12 1-pound, 13-ounce jars, of prunes at Tacoma, Wash.

LABEL, IN PART: "Red Tag Oregon Prepared Sweet Prunes in Extra Heavy Syrup."

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 rodent excreta, rodent hairs, insect fragments, and insect excreta.

DISPOSITION: July 17, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a Federal institution, for use as animal feed.

9110. Adulteration of dried prunes. U. S. v. 44 Boxes of Dried Prunes. Default decree of condemnation and destruction. (F. D. C. No. 15966. Sample No. 29536-H.)

LIBEL FILED: April 25, 1945, District of Nevada.

ALLEGED SHIPMENT: On or about December 29, 1944, by the Albert Asher Co., from San Francisco, Calif.

PRODUCT: 44 25-pound boxes of dried prunes at Reno, Nev.

LABEL, IN PART: "Bon Ton Brand Santa Clara Prunes."

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 rodent hairs. DISPOSITION: May 21, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

9111. Adulteration of raisins. U. S. v. 42 Cartons of Raisins. Default decree of condemnation and destruction. (F. D. C. No. 16136. Sample No. 4338-H.)

LIBEL FILED: May 15, 1945, District of New Jersey.

ALLEGED SHIPMENT: On or about October 12, 1944, by the Robert G. Bursk Co., from Philadelphia, Pa.

PRODUCT: 42 25-pound cartons of seedless raisins at Atlantic City, N. J. Examination showed that the product was undergoing fermentation.

LABEL, IN PART: "Sun Maid Bakery Type Thompson Seedless Raisins."

NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in whole or in part of a decomposed substance.

DISPOSITION: November 23, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

9112. Adulteration and misbranding of wine vinegar. U. S. v. 37 Cases, 87 Cases, and 67 Cases of Wine Vinegar. Default decree of condemnation and destruction. (F. D. C. No. 15844. Sample No. 16723-H.)

LIBEL FILED: April 6, 1945, Northern District of Illinois.

ALLEGED SHIPMENT: On or about January 22, 1945, by Bertola and Co., from New York, N. Y.

PRODUCT: 37 cases, each containing 4 1-gallon bottles, 87 cases, each containing 12 1-quart bottles, and 67 cases, each containing 24 1-pint bottles, of wine vinegar at Chicago, Ill.

NATURE OF CHARGE: Adulteration, Section 402 (b) (2), an artificially colored mixture of wine vinegar and acetic acid or distilled vinegar had been substituted in whole or in part for wine vinegar; Section 402 (b) (3), inferiority had been concealed by the addition of artificial color; and, Section 402 (b) (4), acetic acid or distilled vinegar had been mixed or packed with the product so as to reduce its quality or strength, and artificial color had been mixed or packed with it so as to make it appear better or of greater value than it was. Misbranding, Section 403 (a), the name "wine vinegar" was false and misleading as applied to an artificially colored mixture of wine vinegar and acetic acid or distilled vinegar.

DISPOSITION: June 14, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

9113. Adulteration and misbranding of wine vinegar. U. S. v. 21 Cases of Wine Vinegar. Default decree of condemnation and destruction. (F. D. C. No. 16239. Sample No. 18023-H.)

LIBEL FILED: June 5, 1945, Northern District of Illinois.

ALLEGED SHIPMENT: On or about February 2, 1944, by the Italian Importing Corporation, from New York, N. Y.

PRODUCT: 21 cases, each containing 12 1-quart bottles, of wine vinegar at Chicago, Ill.

LABEL, IN PART: "Muro Pure Wine Vinegar Made From Grapes Packed by Muro Imp. Co. Brooklyn, N. Y.”

NATURE OF CHARGE: Adulteration, Section 402 (b) (2), a mixture of wine vinegar and distilled vinegar or acetic acid had been substituted in whole or in part for "Pure Wine Vinegar Made from Grapes," which the article was represented to be; and, Section 402 (b) (4), distilled vinegar or acetic acid had been

added to and mixed or packed with the article so as to reduce its quality or strength.

Misbranding, Section 403 (a), the label statement, "Pure Wine Vinegar Made from Grapes," was false and misleading as applied to a mixture of wine vinegar and distilled vinegar or acetic acid.

DISPOSITION: November 16, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

VEGETABLES

Tried to

9114. Adulteration of mung beans. U. S. v. 260 Bags of Mung Beans. the court. Decree of condemnation. Product ordered released under bond. (F. D. C. No. 15398. Sample No. 28508-H.)

LIBEL FILED: March 3, 1945, Western District of Washington.

ALLEGED SHIPMENT: On or about November 29, 1944, by James Snelling, from Wichita, Kans.

PRODUCT: 260 100-pound bags of mung beans at Seattle, Wash.

NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a decomposed substance by reason of the presence of moldy beans. DISPOSITION: March 29, 1946. The King Chong Lung Co., Seattle, Wash., having appeared as claimant and having filed an answer denying that the product was adulterated, the case came on for hearing before the court. At the conclusion of the testimony and the arguments of counsel, the court made its finding that the product was adulterated as alleged. Judgment of condemnation was entered and the product was ordered released under bond for conversion into stock feed, under the supervision of the Federal Security Agency.

9115. Misbranding of beans with pork and tomato sauce. U. S. v. 196 Cases of Beans with Pork and Tomato Sauce. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 15794. Sample No. 2248-H.)

LIBEL FILED: April 18, 1945, Eastern District of North Carolina.

ALLEGED SHIPMENT:

from Norfolk, Va.

On or about January 29, 1945, by the Foote Brothers Co.,

PRODUCT: 196 cases, each containing 24 1-pound cans, of beans with pork and tomato sauce at Greenville, N. C.

LABEL, IN PART: (Cans) "McGrath's Beans with Pork and Tomato Sauce Packed by The H. J. McGrath Co. Baltimore, Md., U. S. A. McGrath's Champion Brand."

NATURE OF CHARGE: Misbranding, Section 403 (e) (2), the product was food in package form, and it failed to bear a label containing an accurate statement of the quantity of the contents since the cans contained less than "1 Lb.," the volume declared.

DISPOSITION: May 24, 1945. The H. J. McGrath Co., Baltimore, Md., claimant, having admitted the allegations of the libel, Judgment of condemnation was entered and the product was ordered released under bond to be destroyed or brought into compliance with the law, under the supervision of an officer designated by the Federal Security Agency.

9116. Adulteration of canned corn. U. S. v. 93 Cases and 104 Cases of Canned Corn. Default decrees of forfeiture and destruction. (F. D. C. Nos. 15210, 16191. Sample Nos. 86077-F, 25424-H.)

LIBELS FILED:

February 7 and May 18, 1945, District of Idaho. ALLEGED SHIPMENT: On or about October 27, 1944, by the Eddington Canning Co., from Murray and Springville, Utah.

PRODUCT: 93 cases and 104 cases, each containing 24 1-pound, 4-ounce cans, of corn of Twin Falls and Idaho Falls, Idaho, respectively. LABEL IN PART: "Eddington's Utah Trail Golden Bantam Corn Golden Sweet Cream Style," or "Spring Kist Eddington's Crushed Style Golden Sweet Corn." 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 worm fragments and insect fragments.

DISPOSITION: September 20, 1945. No claimant having appeared, judgments of forfeiture were entered and the product was ordered destroyed or delivered to a charitable institution, for use as animal feed.

9117. Adulteration and misbranding of canned mushrooms. U. S. v. 1,700 Cases, and 298 Cases of Canned Mushrooms. Consent decrees of condemnation. Product ordered released under bond. (F. D. C. Nos. 16301, 16302. Sample Nos. 29123-H, 29124-H.)

LIBELS FILED: May 29 and 30, 1945, Northern District of California.
ALLEGED SHIPMENT: On or about April 7, 1945, by J. B. Swayne and Son, from
Kennett Square, Pa.

PRODUCT: 1,500 cases, each containing 24 8-ounce cans, and 498 cases, each
containing 24 1-pound cans, of mushrooms at San Francisco, Calif. The
product was short in drained weight, and it was packed in excessive brine. It
was not fancy, as labeled, because of defects and excessive variation in size
and, in addition, the 8-ounce size contained excessive stem material.
LABEL, IN PART: "Mushrooms Fancy Buttons Quaker State Brand Drained
Net Weight 8 ozs. [or "1 Lb."]. A vignette depicted fancy button mushrooms.
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), brine and button mush-
rooms that were not fancy, and a portion of which contained stem material,
had been substituted in whole or in part for "Mushrooms Fancy Buttons,"
which the article was represented to be.

Misbranding, Section 403 (a), the label statement, "Mushrooms Fancy Buttons," and the vignette depicting fancy button mushrooms, were false and misleading; and, Section 403 (e) (2), the article failed to bear a label containing an accurate statement of the quantity of the contents since the label statements, "Drained Net Weight 8 Ozs." and "Drained Net Weight 1 Lb.," were inaccurate.

DISPOSITION: June 5 and August 1, 1945. The United Food Supply Co., San Francisco, Calif., claimant, having consented to the entry of a decree, judgments of condemnation were entered and the product was ordered released under bond to be brought into compliance with the law. It was relabeled.

9118. Adulteration of dried mushrooms. U. S. v. 6 Cartons and 2 Bags of Dried Mushrooms. Tried to the court. Decree of condemnation and destruction. (F. D. C. Nos. 14545, 14546. Sample Nos. 86565-F, 86568-F.)

LIBEL FILED: December 6, 1944, Northern District of Illinois.

ALLEGED SHIPMENT: The 6 cartons were shipped on or about October 16, 1944, by Jim Brecka, from Rice Lake, Wis., and the 2 bags were shipped on or about October 30, 1944, by John F. Kalina, from Lonsdale, Minn.

PRODUCT: 6 26-pound cartons and 2 34-pound bags of dried mushrooms at Chicago, Ill.

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 larvae and maggots.

DISPOSITION: The Globus Food Products Co., claimant, having denied that the product was adulterated, the case came on for trial before the court on June 15, 1945. After hearing the evidence and arguments of counsel, the court denied claimant's motion to dismiss the libel and ordered that briefs be filed. After consideration of the briefs submitted by the parties, the court, onOctober 8, 1945, ordered that a decree of condemnation be entered, providing for the destruction of the product.

9119. Adulteration of dried mushrooms. U. S. v. 21 Cartons of Dried Mushrooms. Default decree of condemnation and destruction. (F. D. C. No. 15971. Sample No. 29532-H.)

LIBEL FILED: April 28, 1945, District of Nevada.

ALLEGED SHIPMENT: On or about January 30 and March 20, 1945, by the Gann Products Co., from Oakland, Calif.

PRODUCT: 21 cartons, each containing 2 cards of 12 bags each, of dried mushrooms at Reno, Nev.

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 rodent hairs. DISPOSITION: May 21, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

Nos. 9120 to 9125 report actions involving canned peas that purported to be a food for which a standard of quality has been prescribed by law, but the quality fell below the standard because of higher alcohol-insoluble solids than the maximum permitted by the standard, and the labels failed to bear, in the manner and form that the regulations specify, a statement that the product was below the standard.

9120. Misbranding of canned peas. U. S. v. 12 Cases of Canned Peas. Default decree of condemnation. Product ordered delivered to a charitable institution. (F. D. C. No. 15828. Sample No. 3421-H.)

LIBEL FILED: On or about March 30, 1945, Western District of Virginia. ALLEGED SHIPMENT: On or about February 12, 1945, by the Torsch Canning Co., Baltimore, Md.

PRODUCT: 12 cases, each containing 24 1-pound, 4-ounce cans, of peas at Roanoke, Va.

LABEL, IN PART: "Cow Boy Brand June Peas

* Grade C."

NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product was below standard.

DISPOSITION: July 4, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a charitable institution.

9121. Misbranding of canned peas. U. S. v. 355 Cases of Canned Peas. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 15953. Sample No. 18355-H.)

LIBEL FILED: April 21, 1945, Northern District of Iowa.

ALLEGED SHIPMENT: On or about November 4, 1944, by the Mineral Point Cooperative Canning Co., from Mineral Point, Wis.

PRODUCT: 355 cases, each containing 24 1-pound, 4-ounce cans, of peas at Fort Dodge, Iowa.

LABEL, IN PART: "Good Meal Brand Wisconsin Early June Peas."

NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product was substandard.

DISPOSITION: May 19, 1945. The Mineral Point Co-operative Packers, Mineral Point, Wis., 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.

9122. Misbranding of canned peas. U. S. v. 739 Cases of Canned Peas. Decree of condemnation. Product ordered released under bond. (F. D. C. No. 13060. Sample No. 69705-F.)

LIBEL FILED: On or about August 1, 1944, Northern District of Texas.
ALLEGED SHIPMENT: On or about August 13, 1943, by the Waldo Canning Co.,
Waldo, Wis.

PRODUCT: 739 cases, each containing 24 1-pound, 4-ounce cans, of peas at Lubbock, Tex.

*

LABEL, IN PART: "Maplewood
Wisconsin Early June Peas."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product was below
standard.

DISPOSITION: November 20, 1944. The Waldo Canning Co. having appeared as claimant, judgment of condemnation was entered and the product was ordered released under bond to be relabeled under the supervision of the Food and Drug Administration.