or usual name of each ingredient; and, Section 403 (k), the paprika contained artificial coloring and failed to bear labeling stating that fact. DISPOSITION: June 26, 1945. A plea of guilty having been entered, the court sentenced the defendant to serve 30 days in jail. 9162. Adulteration of black pepper and imitation lemon flavor, and adulteration and misbranding of ground cinnamon. U. S. v. Lewis I. Temkin (La Salle Mfg. Co.). Plea of nolo contendere. Fine, $1,000. (F. D. C. No. 15503. Sample Nos. 40360-F, 59722-F, 66610-F, 68018-F, 80035-F, 80642-F.) INFORMATION FILED: May 23, 1945, Northern District of Illinois, against Lewis I. Temkin, trading as the La Salle Mfg. Co., Chicago, Ill. ALLEGED SHIPMENT: Between the approximate dates of November 29, 1943, and April 12, 1944, from the State of Illinois into the States of Ohio, Wisconsin, Michigan, and Missouri. LABEL, IN PART: "Florence Nightingale Pure Ground Black Pepper [or "Pure Ground Cinnamon"]," and "Cook's Pride Imitation Lemon Flavor." NATURE OF CHARGE: Pepper. Adulteration, Section 402 (b) (2), substances, one of which consisted of ground, delinted cottonseed hulls, soybean meal, and ground black pepper, and the other of which consisted of ground buckwheat, buckwheat hulls, 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), ground, delinted cottonseed hulls and soybean meal, or ground buckwheat and buckwheat hulls, had been added to or mixed or packed with pure ground black pepper so as to reduce its strength and quality. Cinnamon. Adulteration, Section 402 (b) (2), substances, one consisting of seed meal and ground cinnamon, and the other consisting of seed meal, wheat starch, and ground cinnamon, had been substituted in whole or in part for pure ground cinnamon, which the article was represented to be; and, Section 402 (b) (4), seed meal alone, or seed meal and wheat starch, had been added to or mixed or packed with pure ground cinnamon so as to reduce its quality or strength. Misbranding, Section 403 (e) (2), the label on a portion of the article failed to bear an accurate statement of the quantity of the contents because the packages of that portion contained less than "1 Oz. Avd.," as was declared on the label; and, Section 403 (d), the containers of the article were so made, formed, and filled as to be misleading in that each container was filled to but 47 percent or 50 percent of capacity. Lemon flavor. Adulteration, Section 402 (b) (2), a substance with a faint odor of lemon and having little or no value as a flavoring had been substituted for imitation lemon flavor, which the article was represented to be; and, Section 402 (b) (4), water had been added to the article or mixed or packed with it so as to reduce its quality and strength. DISPOSITION: September 26, 1945. The defendant having entered a plea of nolo contendere, the court imposed a fine of $125 on each count, a total fine of $1,000. 9163. Adulteration and misbranding of black pepper. U. S. v. 326 Packages of Black Pepper. Consent decree of condemnation and destruction. (F. D. C. No. 15809. Sample No. 217-H.) LIBEL FILED: April 10, 1945, Western District of North Carolina. ALLEGED SHIPMENT: On or about March 1, 1945, by the General Products Co., from Albany, Ga. PRODUCT: 326 packages, each containing 2 ounces, of black pepper. LABEL, IN PART: (In large, bold type) "Black Pepper"; (in smaller type) "Decortication"; (in still smaller type) "with buckwheat middlings added." NATURE OF CHARGE: Adulteration, Section 402 (b) (1), a valuable constituent, pepper, had been in whole or in part omitted from the product; and, Section 402 (b) (2), a mixture of buckwheat hulls, bran, and flour with pepper shells had been substituted in whole or in part for black pepper. Misbranding, Section 403 (a), the prominent label statement, "Black Pepper," was false and misleading as applied to a product consisting of a mixture of buckwheat hulls, bran, and flour with pepper shells, despite the inconspicuous statement, "Decortication with buckwheat middlings added." DISPOSITION: May 9, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 9164. Adulteration of capsicum. U. S. v. 20 Bags of Capsicum. Consent decree (F. D. C. No. LIBEL FILED: March 29, 1945, Eastern District of Missouri. ALLEGED SHIPMENT: On or about December 9, 1944, by the P. H. Petry Co., from New York, N. Y. PRODUCT: 20 53-pound bags of capsicum at St. Louis, Mo. NATURE OF CHARGE: Adulteration, Section 402 (a). (3), the product consisted in whole or in part of filthy and decomposed substances by reason of the presence of insect excreta and moldy pods. DISPOSITION: April 19, 1945. The David G. Evans Coffee Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond, conditioned that it be brought into compliance with the law or destroyed under the supervision of the Food and Drug Administration. 9165. Adulteration of mustard seed. U. S. v. 100 Bags of Mustard Seed. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 15842. Sample No. 22031-H.) LIBEL FILED: March 30, 1945, Eastern District of Missouri. ALLEGED SHIPMENT: On or about October 12, 1943, from Great Falls, Mont. PRODUCT: 100 100-pound bags of mustard seed at St. Louis, Mo., in the possession of the Grocers Warehouse. The product had been stored under insanitary conditions after shipment. Some of the bags were rodent-gnawed, and rodent pellets were observed on them. Examination showed that the product contained rodent pellets. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance; and, Section 402 (a) (4), it had been held under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: On April 20, 1945, the Leston Co., 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 the Food and Drug Administration. On April 26, 1945, an order was entered providing for the destruction of the portion of the product found to be unfit after segregation. 9166. Adulteration of chili powder and pickling spices. U. S. v. 194 Cards of Chili Powder and 29 Cards of Pickling Spices. Default decree of condemnation and destruction. (F. D. C. No. 15923. Sample Nos. 28073-H, 28074-H.) LIBEL FILED: May 5, 1945, Western District of Washington. ALLEGED SHIPMENT: On or about March 23, 1943, from Los Angeles, Calif. PRODUCT: 194 cards, each holding 12 1%-ounce envelopes, of chili powder, and 29 cards, each holding 12 1-ounce envelopes, of pickling spices at Bellingham, Wash. LABEL, IN PART: "RW Chili Powder," and "RW Mixed Pickling Spices." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the articles consisted in whole or in part of filthy substances by reason of the presence of larvae, insect excreta, and webbing. DISPOSITION: October 31, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 9167. Misbranding of celery seed. U. S. v. 59 Dozen Packages of Celery Seed. Default decree of condemnation and destruction. (F. D. C. No. 16104. Sample No. 4455-H.) LIBEL FILED: May 7, 1945, District of New Jersey. ALLEGED SHIPMENT: On or about April 17, 1945, by the Quaker City Coffee Mills, from Philadelphia, Pa. PRODUCT: 59 dozen 1-ounce packages of celery seed at Camden, N. J. NATURE OF CHARGE: Misbranding, Section 403 (d), the container of the product was so filled as to be misleading since the celery seed occupied, on an average, only 45 percent of the volume of the package. NOTICES OF JUDGMENT 61 DISPOSITION: November 23, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 9168. Misbranding of vanilla extract and lemon extract. Vanilla Extract and 29 Cases of Lemon Extract. (F. D. C. No. 17074. SamU. S. v. 128 Cases of ple Nos. 4478-H, 4479-H.) LIBEL FILED: July 28, 1945, Eastern District of Pennsylvania. ALLEGED SHIPMIENT: Between the approximate dates of April 20 and July 6, 1945, by John Lecroy and Son, from Camden, N. J. PRODUCT: 128 cases, each containing 12 12-ounce bottles, of vanilla extract, and 29 cases, each containing 12 2-ounce bottles, of lemon extract at Philadelphia, Pa. Each of the bottles was contained in a carton. LABEL, IN PART: "Lecroy's Pure Vanilla [or "Lemon"] Extract." NATURE OF CHARGE: Misbranding, Section 403 (d), the containers were so made, formed, and filled as to be misleading since the individual carton was excessively large for the size of the bottle. DISPOSITION: October 9, 1945. John Lecroy and Son, claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for repackaging and relabeling under the supervision of the Food and Drug Administration. MISCELLANEOUS FOODS 9169. Adulteration of saccharic acid. U. S. v. 18 Barrels and 1 Keg of Saccharic Acid. Default decree of condemnation and destruction. (F. D. C. No. 15636. Sample No. 55695-F.) LIBEL FILED: April 17, 1945, Western District of Washington. ALLEGED SHIPMENT: On or about April 16, 1943, by the Brocker Chemical Co., from Morganville, N. J. PRODUCT: 18 500-pound barrels and 1 100-pound keg of saccharic acid at Seattle, Wash. The product was to be used as a component of foods. NATURE OF CHARGE: Adulteration, Section 402 (a) (1), the article contained added poisonous or deleterious substances, hydrocyanic and oxalic acids, which may have rendered it injurious to health. DISPOSITION: September 7, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 9170. Adulteration of rennet extract. U. S. v. 1 Keg of Rennet Extract. Default decree of condemnation and destruction. (F. D. C. No. 16220. Sample No. 14882-H.) LIBEL FILED: June 4, 1945, Northern District of Illinois. ALLEGED SHIPMENT: On or about April 6, 1945, by the Dairyland Rennet Co., from Green Bay, Wis. PRODUCT: 1 10-gallon keg of rennet extract. Inspection revealed that the factory of the Dairyland Rennet Co. was heavily infested with rodents and flies, and that the rennet extract being manufactured contained borax. LABEL, IN PART: "Red Seal Dairyland Rennet Extract." NATURE OF CHARGE: Adulteration, Section 402 (a) (2), the article contained an added poisonous and deleterious substance, borax, which is unsafe within the meaning of the law since it is not required in the production of the article and its use can be avoided by good manufacturing practice; and, Section 402 (a) (4), the article had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: December 26, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 9171. Adulteration of rennet. of condemnation and destruction. (F. D. C. No. 15871. Sample No. 17426-H.) U. S. v. 2 Boxes of Italian Rennet. Default decree LIBEL FILED: April 12, 1945, Northern District of Illinois. ALLEGED SHIPMENT: On or about February 14, 1945, by John B. Torresin, from PRODUCT: 1 82-pound box and 1 70-pound box of Italian rennet at Freeport, 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 insect fragments, hairs resembling rodent, cow, or goat hairs, and wood and plant fibers. DISPOSITION: October 23, 1945. No claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 9172. Adulteration of rennet. U. S. v. 4 Barrels of Italian Style Rennet. Consent decree of condemnation and destruction. (F. D. C. No. 16786. Sample No. 23314-H.) LIBEL FILED: July 5, 1945, Western District of Arkansas. ALLEGED SHIPMENT: Kenosha, Wis. On or about March 8, 1945, by J. Marchioretto and Co., from PRODUCT: 4 barrels containing about 950 pounds of Italian style rennet at Harrison, Ark. 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 cow hairs, plant fibers, and insect fragments. DISPOSITION: September 11, 1945. The consignee having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered destroyed. 9173. Adulteration of cocoa butter. U. S. v. 444 Cases and 390 Cases of Cocoa Butter. Decrees of condemnation. Product ordered released under bond. (F. D. C. Nos. 14523, 14547. Sample Nos. 68447-F, 68448-F.) LIBELS FILED: November 25 and 28, 1944, Northern District of Ohio. PRODUCT: 444 cases and 390 cases, each containing approximately 130 pounds, of cocoa butter at Toledo, Ohio. 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 weevils, insect fragments, dirt, and mold. DISPOSITION: December 13, 1944. The Paul F. Beich Co., a corporation, Bloomington, Ill., claimant, having admitted the allegations of the libels, judgments of condemnation were entered and the product was ordered released under bond to be brought into conformity with the law, under the supervision of the Food and Drug Administration. 9174. Adulteration of cocoa butter. U. S. v. 56 Bags of Cocoa Butter. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 15442. Sample No. 17413-H.) LIBEL FILED: On or about March 8, 1945, Northern District of Illinois. ALLEGED SHIPMENT: On or about March 14, 1944, from Brooklyn, N. Y. PRODUCT: 56 bags, each containing approximately 200 pounds, of cocoa butter at Chicago, Ill., in the possession of the Lion Speciality Co. The product was stored under insanitary conditions after shipment. Some of the bags were rodent-gnawed, and rodent pellets were observed on them. Examination showed that the product contained rodent pellets. NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy substance; and, Section 402 (a) (4), it had been held under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: August 8, 1945. The Lion Speciality Co., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond to be reconditioned, under the supervision of the Food and Drug Administration, by removing all contaminated bags and wrappers, cutting away all rodent-gnawed portions, and repacking the product in clean containers. 9175. Adulteration of yeast. U. S. v. Henry A. Kohman (H. A. Kohman). Plea of guilty. Fine, $150 and costs. (F. D. C. No. 15536. Sample Nos. 63349-F, 63907-F, 89835-F.) INFORMATION FILED: June 15, 1945, Western District of Pennsylvania, against Henry A. Kohman, trading as H. A. Kohman, Pittsburgh, Pa. ALLEGED SHIPMENT: Between the approximate dates of July 3 and August 21, 1944, from the State of Pennsylvania into the States of Georgia and Florida. LABEL, IN PART: (Portion) "Kohman's Salt Rising Yeast." 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 insect fragments, whole insects, larvae, and a rodent hair; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: October 17, 1945. A plea of guilty having been entered, the defendant was fined $150 and costs. 9176. Adulteration of ice cream mix. U. S. v. Billings Dairy, Inc. Plea of guilty. Fine, $200. (F. D. C. No. 15537. Sample Nos. 69320-F, 85813-F, 85815-F.) INFORMATION FILED: June 12, 1945, District of Montana, against the Billings Dairy, Inc., Billings, Mont. ALLEGED SHIPMENT: June 17 and August 20 and 21, 1944, from the State of Montana into the State of Wyoming. LABEL, IN PART: "Billings Dairy Inc. Ice Cream." 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 nondescript dirt, threads, vegetable fiber, feather barbules, and metal particles; and, Section 402 (a) (4), it had been prepared, packed, and held under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: June 22, 1945. A plea of guilty having been entered on behalf of the defendant, the court imposed a fine of $200. 9177. Misbranding of ice cream mix. U. S. v. 20 Cartons of Londonderry Ice Cream Mix. Default decree ordering that the product be distributed to charitable institutions. (F. D. C. No. 15606. Sample No. 29223-H.) LIBEL FILED: March 10, 1945, District of Utah. ALLEGED SHIPMENT: On or about February 10, 1945, by Londonderry, from San Francisco, Calif. * * * * * * * * PRODUCT: 20 cartons, each containing 48 packages, of Londonderry ice cream mix. LABEL, IN PART: "Londonderry for making Ice Cream at Home." NATURE OF CHARGE: Misbranding, Section 403 (a), the label statements, "Make it in 2 Minutes' Then Freeze-That's All Enough for 4 Pts for making Ice Cream at Home Makes all flavors Ice Cream as low as 11 cents a pint In Two Minutes," were false and misleading as applied to the article, which was conspicuously represented as having components of ice cream, but which failed to reveal with equal conspicuousness the fact that it was only a stabilizer and that the expensive ingredients must be furnished by the purchaser; and, Section 403 (k), the article contained artificial flavoring and it failed to bear labeling stating that fact. DISPOSITION: May 12, 1945. No claimant having appeared, judgment was entered and the product was ordered distributed to charitable institutions. VITAMIN PREPARATIONS AND FOODS FOR SPECIAL DIETARY USES 9178. Misbranding of Diet Supplements No. 4B and No. 10. U. S. v. Dr. Pierre A. Bonequet (Dr. P. A. Boncquet Products). Plea of not guilty. Verdict of guilty. Fine, $300. Sentence of 1 year in jail suspended and defendant placed on probation for 3 years. (F. D. C. No. 14277. Sample Nos. 62752-F, 81335-F.) INFORMATION FILED: March 10, 1945, Southern District of California, against Dr. Pierre A. Boncquet, doing business as Dr. P. A. Boncquet Products, Los Angeles, Calif. ALLEGED SHIPMENT: On or about March 25 and April 6, 1944, from the State of California into the States of Missouri and Kansas. PRODUCT: Examination indicated that the products were aqueous, sirupy suspensions containing large amounts of reducing sugars and smaller amounts of dissolved and undissolved proteinaceous matter, lactic acid, calcium, iron, chloride, phosphate, and a trace of manganese. |