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N. J., F. D. 18001-18025

Issued June, 1931

9

United States Department of Agriculture

FOOD AND DRUG ADMINISTRATION

2.4. Food and dring

administration NOTICES OF JUDGMENT UNDER THE FOOD AND DRUGS ACT

(Given pursuant to section 4 of the food and drugs act)

18001-18025

[Approved by the Secretary of Agriculture, Washington, D. C., June 17, 1931)

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18001. Adulteration of canned turnip greens. U. S. v. 13 Cases, et al.,

of Canned Turnip Greens. Default decrees of condemnation,
forfeiture, and destruction. (F. & D. Nos. 25783, 25784. I. S. No.

14537. S. No. 4035.)
Samples of canned turnip greens from the shipment herein described having
been found to be sour and decomposed, the Secretary of Agriculture reported
the matter to the United States attorney for the Southern District of Florida.

On January 27, 1931, the United States attorney filed in the District Court
of the United States for the district aforesaid libels praying seizure and con-
demnation of 20 cases of canned turnip greens, remaining in the original un-
broken packages at Jacksonville, Fla., alleging that the article had been shipped
by the Pomona Products Co., from Griffin, Ga., on or about October 8, 1930, and
had been transported from the State of Georgia into the State of Florida, and
charging adulteration in violation of the food and drugs act. The article was
labeled in part: (Can) “Georgia Belle Brand Fancy Turnip Greens
Packed by Pomona Products Co., Griffin, Ga."

It was alleged in the libels that the article was adulterated in that it consisted in part of a filthy, decomposed, or putrid vegetable substance.

On February 20, 1931, no claimant having appeared for the property, judgments of condemnation and forfeiture were entered, and it was ordered by the court that the product be destroyed by the United States marshal.

ARTHUR M. HYDE, Secretary of Agriculture. 18002. Adulteration of canned pimientos. U. S. v. 860 Cases of Pimientos.

Decree of condemnation. Product released under bond. (F. & D.

No. 25535. I. S. No. 19778. S. No. 3831.) Samples of canned pimientos from the shipment herein described having been found to be decomposed, the Secretary of Agriculture reported the matter to the United States attorney for the Western District of Texas.

On or about December 24, 1930, the United States attorney filed in the District Court of the United States for the district aforesaid a libel praying seizure and condemnation of 860 cases of pimientos, remaining in the original unbroken packages at San Antonio, Tex., alleging that the article had been shipped by the Pomona Products Co., from Griffin, Ga., on or about October 14, 1930, and had been transported from the State of Georgia into the State of Texas, and charging adulteration in violation of the food and drugs act. The article was labeled in part: (Jar) “Sunshine Pimientos

Packed by Pomona Products Co., Griffin, Ga."

It was alleged in the libel that the article was adulterated in that it consisted in part of a decomposed vegetable substance.

On February 16, 1931, the Pomona Products Co., Griffin, Ga., having appeared as claimant for the property and having admitted the material allegations of the libel, judgment of condemnation was entered and it was ordered by the court that the product be delivered to the said claimant upon payment of costs and the execution of a bond in the sum of $2,500, conditioned in part that it be reshipped to Griffin, Ga., and examined under the supervision of this department, the unft portion destroyed and the remainder released.

ARTHUR M. HYDE, Secretary of Agriculture. 59259—31

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18003. Adulteration of canned tuna fish. U. S. v. 17 Cases of Canned

Tuna Fish. Default decree of condemnation, forfeiture, and

destruction. (F. & D. No. 25749. I. S. No. 021967. S. No. 3962.) Samples of canned tuna fish from the shipment herein described having been found to be decomposed, the Secretary of Agriculture reported the matter to the United States attorney for the District of Rhode Island.

On January 19, 1931, the United States attorney filed in the District Court of the United States for the district aforesaid a libel praying seizure and condemnation of 17 cases of canned tuna fish, remaining in the original unbroken packages at Providence, R. I., alleging that the article had been shipped by the Halfhill Co., from Los Angeles, Calif., on or about October 17, 1929, and had been transported from the State of California into the State of Rhode Island, and charging adulteration in violation of the food and drugs act.

It was alleged in the libel that the article was adulterated in that it consisted in part of a filthy, decomposed, or putrid animal substance.

On March 3, 1931, no claimant having appeared for the property, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal.

ARTHUR M. HYDE, Secretary of Agriculture,

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18004. Adulteration of Greek string figs. U. S. V. 22 Cases of Greek String

Figs. Default deeree of condemnation and destruction. (F. & D.

No. 25432. I. S. No. 8818. S. No. 3683.) Samples of figs from the herein-described lot having been found to be wormy and moldy, the Secretary of Agriculture reported the matter to the United States attorney for the Western District of Pennsylvania.

On December 3, 1930, the United States attorney filed in the District Court of the United States for the district aforesaid a libel praying seizure and condemnation of 22 cases of Greek string figs, remaining in the original unbroken packages at Pittsburgh, Pa., alleging that the article was adulterated in violation of the food and drugs act. The article was labeled in part, "S & S Athena Brand New York

Selected String Figs, Packed and Shipped by Seideman & Seideman, Produce of Greece," and was a portion of a shipment imported from Greece into New York, N. Y., and shipped to Philadelphia and reshipped to Pittsburgh.

It was alleged in the libel that the article was adulterated in that it consisted partly of a filthy, decomposed or putrid vegetable substance.

On March 3, 1931, no claimant having appeared for the property, judgment of condemnation was entered, and it was ordered by the court that the product be destroyed by the United States marshal.

ARTHUR M. HYDE, Secretary of Agriculture. 18006. Adulteration of Greek string figs. U. s. v. 18 Boxes, et al., of Greek

String Figs. Default decrees of condemnation and destruction. (F. & D. Nos. 25350, 25422, 25423. 1. S. Nos. 8807, 8817, 8819. S. Nos.

3617, 3682, 3684.) Samples of figs from the shipments herein described having been found to be wormy, insect-infested, and moldy, the Secretary of Agriculture reported the matter to the United States attorney for the Western District of Pennsylvania,

On November 20, 1930, and December 2, 1930, the United States attorney filed in the District Court of the United States for the district aforesaid libels praying seizure and condemnation of 103 boxes of figs, remaining in the original unbroken packages at Pittsburgh, Pa., alleging that the article had been shipped by Wm. A. Camp Co., from New York, N. Y., in various consignments, on or about October 14, November 1, and November 5, 1930, and had been transported from the State of New York into the State of Pennsylvania, and charging adulteration in violation of the food and drugs act. The article was labeled in part: Ş & S Athena Brand, New York

Produce of Greece Selected String Figs Packed and Shipped by Seideman & Seideman."

It was alleged in the libels that the article was adulterated in that it consisted wholly or partly of a filthy, decomposed, or putrid vegetable substance.

On March 3, 1931, no claimant having appeared for the property, judgments of condemnation were entered, and it was ordered by the court that the product be destroyed by the United States marshal.

ARTHUR M. HYDE, Secretary of Agriculture,

18001-18025)

NOTICES OF JUDGMENT

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18006. Adulteration and misbranding of evaporated apples. U. S. v. 25

Boxes, et al., of Evaporated Apples. Default decrees of condenination and forfeiture. Product delivered to charitable insti. tation. (F. & D. Nos. 25474, 25567, 25569, 25570, 25571. I. S. Nos.

14402, 14516. S. No. 3738.) Samples of evaporaed apples from the shipments herein described having been found to contain excessive moisture, the Secretary of Agriculture reported the matter to the United States attorney for the Middle District of Georgia.

On December 15, 1930, and January 3, 1931, the United States attorney filed in the District Court of the United States for the district aforesaid libels praying seizure and condemnation of 25 boxes and 348 cases of evaporated apples, remaining in the original unbroken packages at Columbus, Ga., alleging that the article had been shipped by the Smith Evaporating Co., from Farmington, Ark., on or about October 2, 1930, and transported from the State of Arkansas into the State of Georgia, and charging that the article was adulterated, and that a portion was misbranded, in violation of the food and drugs act. The article was labeled in part: “Evaporated Apples Wonder Brand Manufactured and Packed by Smith Evaporating Co., Farmington, Ark.”

Adulteration was alleged in one libel, involving a portion of the product, for the reason that a substance containing excessive moisture had been substituted for the article. Adulteration was alleged in the libels, with respect to the remainder of the article, for the reason that insufficiently evaporated apples had been substituted wholly or partly for the said article.

Misbranding was alleged with respect to the greater portion of the article for the reason that the statement on the label, “ Evaporated Apples," was false and misleading, and deceived and misled the purchaser when applied to insufficiently evaporated apples.

On February 5, 1931, no claimant having appeared for the property, judgments of condemnation and forfeiture were entered, and it was ordered by the court that the product be delivered to a charitable institution.

ARTHUR M. HYDE, Secretary of Agriculture.

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18007. Adulteration of catsup. U. S. v. 150 Cases of Catsup. Defanlt order

of destruction entered. (F. & D. No. 25608. I. S. No. 13520. S. No.

3855.) Samples of tomato catsup from the shipment herein described having been found to contain mold, the Secretary of Agriculture reported the matter to the United States attorney for the Southern District of Ohio.

On January 6, 1931, the United States attorney filed in the District Court of the United States for the district aforesaid a libel praying seizure and condemnation of 150 cases of tomato catsup, remaining in the original packages at Zanesville, Ohio, alleging that the article had been shipped by the Frazier Packing Co., from Elwood, Ind., on or about October 17, 1930, and transported from the State of Indiana into the State of Ohio, and charging adulteration in violation of the food and drugs act. The article was labeled in part: (Bottle) “Tastwel Brand

Tomato Catsup W. W. Harper Co., Zanesville, Ohio."

It was alleged in the libel that the article was adulterated in that it consisted in part of a decomposed vegetable substance.

On March 9, 1931, no claimant having appeared for the property, judgment was entered finding the product adulterated and ordering that it be destroyed by the United States marshal.

ARTHUR M. HYDE, Secretary of Agriculture. 18008. Adulteration of canned pimientos. U. S. v. 47 Cases of Canned

Pimientos. "Consent decree of condemnation and forfeiture.
Product released under bond. (F. & D. No. 25588. I. S. No. 13256.

S. No. 3899.) Samples of canned pimientos from the shipment herein described having been found to be decomposed, the Secretary of Agriculture reported the matter to the United States attorney for the Western District of Missouri.

On December 30, 1930, the United States attorney filed in the District Court of the United States for the district aforesaid a libel praying seizure and condemnation of 47 cases of canned pimientos at Kansas City, Mo., alleging that the article had been shipped by the Pomona Products Co., from Griffin, Ga., on or about September 1, 1930, and had been transported from the State of Georgia into the State of Missouri, and charging adulteration in violation of the

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