CANDY

14951. Adulteration of candy. U. S. v. 21 Boxes

Sample Nos. 53455–K, 53456–K.)

LIEEL FILED: April 28, 1949, Middle District of Alabama.

(F. D. C. No. 27064.

ALLEGED SHIPMENT: On or about April 1, 1949, by the Gilbert Candy Co., from Nashville, Tenn.

PRODUCT: 42 boxes, each containing 24 14-ounce bundles, of stick candy at Montgomery, Ala.

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 and rodent hair fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth.

DISPOSITION: May 25, 1949. Default decree of condemnation and destruction. 14952. Adulteration of candy. U. S. v. 53 Boxes, etc. (F. D. C. No. 26909. Sample Nos. 51612–K, 51613–K.)

LIBEL FILED: April 1, 1949, Western District of Kentucky.

ALLEGED SHIPMENT: On or about March 11, 1949, by the Jacobs Candy Co., from Nashville, Tenn.

PRODUCT: 159 boxes of candy at Louisville, Ky.

LABEL, IN PART: "Cello Mint” or “Cello Assorted."

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, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: June 3, 1949. Default decree of condemnation. The court ordered that the product be delivered to a charitable institution, for use as animal feed. 14953. Adulteration of candy. U. S. v. 15 Boxes, etc. (F. D. C. No. 27018. Sam ple Nos. 1434–K, 1435–K.)

LIBEL FILED: April 22, 1949, Western District of South Carolina.

ALLEGED SHIPMENT: On or about March 16, 1949, by the Jacobs Candy Co., from Nashville, Tenn.

PRODUCT: 33 boxes of candy at Westminster, S. C.

LABEL, IN PART: "Betty Bundle 2 Oz. or over" or "120 Cello Asst'd." 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 and rodent hair fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth.

DISPOSITION: May 26, 1949. Default decree of condemnation and destruction. 14954. Adulteration of candy. U. S. v. 44 Boxes, etc. (F. D. C. No. 26983. Sample Nos. 51172-K, 51173-K.)

LIBEL FILED: April 8, 1949, Eastern District of Kentucky.

ALLEGED SHIPMENT: On or about March 8, 1949, by the Jacobs Candy Co., from Nashville, Tenn.

POSITED BY THE

3-31-50

14951-15000]

NOTICES OF JUDGMENT

601

PRODUCT: 44 boxes of peanut stick candy and 57 boxes of mint stick candy at Somerset, Ky.

LABEL, IN PART: "Peanut [or "Mint"] The Big Five."

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, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth. DISPOSITION: May 20, 1949. Default decree of condemnation and destruction. *. (F. D. C. No. 26958.

14955. Adulteration of candy. U. S. v. 12 Cartons

Sample No. 58003-K.)

LIBEL FILED: March 29, 1949, District of Arizona.

ALLEGED SHIPMENT: On or about February 6, 1948, from Ogden, Utah. PRODUCT: 12 38-pound cartons of orange slices (candy) at Nogales, Ariz. 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 insects. The article was adulterated while held for sale after shipment in interstate commerce.

DISPOSITION: August 13, 1949. Default decree of condemnation and destruction. 14956. Adulteration of candy. U. S. v. 11 Cartons *

Sample No. 62147–K.)

(F. D. C. No. 26941.

LIBEL FILED: On or about March 24, 1949, District of Rhode Island.

ALLEGED SHIPMENT: On or about February 23, 1949, by the Hedison Bros. Confectionery Co., from Boston, Mass.

PRODUCT: 11 35-pound cartons of candy at Providence, R. I.

LABEL, IN PART: "Chocolate Bridge Mixture."

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; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth.

DISPOSITION: May 10, 1949. Default decree of condemnation and destruction. 14957. Adulteration of candy. U. S. v. 26 Boxes, etc. (and 1 other seizure action). (F. D. C. Nos. 26931, 26932. Sample Nos. 11446-K, 11447-K, 56303–K.) LIBEL FILED: March 17 and 21, 1949, District of New Jersey. ALLEGED SHIPMENT: On or about February 17 and 18, 1949, by Gordon, Wolf, Cowen Co., Inc., from New York, N. Y.

PRODUCT: 26 boxes, each containing 72 pieces, and 4 cartons, each containing 48 pieces, of candy at Paterson, N. J., and 47 boxes, each containing 72 pieces, of candy at Perth Amboy, N. J.

LABEL, IN PART: "Gordon's Original Chocolate Covered Halvah Halvahnets," "Gordon's Original Halvah," and "Gordon's Delicious Marmalade." NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the products consisted in whole or in part of filthy substances by reason of the presence (in a portion) of insect fragments and rodent hair fragments and the presence (in the remainder) of insect parts; and, Section 402 (a) (4), they had been prepared under insanitary conditions whereby they may have become contaminated with filth.

DISPOSITION: May 2, 1949. Default decrees of condemnation. The products were ordered destroyed, with the exception of one box from each type of candy, which the court ordered delivered to the Food and Drug Administration, for official purposes.

14958. Adulteration and misbranding of thocolate Easter eggs and adulteration of chocolate rabbits. U. S. v. 4 Cases, etc. (F. D. C. No. 26914. Sample Nos. 16991-K, 16992–K.)

LIBEL FILED: April 5, 1949, Eastern District of Wisconsin.

ALLEGED SHIPMENT: On or about February 12, 1949, by Chocolate Creations, Inc., from New York, N. Y.

PRODUCT: 4 cases each containing 12 chocolate Easter eggs, and 26 cases each containing 12 chocolate rabbits, at Milwaukee, Wis.

LABEL, IN PART: "Milk Chocolate Net Wt. 2 Oz." or "Chocolate Rabbit Net Wt. 7 Oz."

NATURE OF CHARGE: Chocolate Easter eggs and chocolate rabbits. Adulteration, Section 402 (a) (3), the products consisted in whole or in part of filthy substances by reason of the presence of insect and rodent hair fragments; and, Section 402 (a) (4), they had been prepared under insanitary conditions whereby they may have become contaminated with filth.

Chocolate Easter eggs. Misbranding, Section 403 (e) (2), the product failed to bear a label containing an accurate statement of the quantity of the contents. (The eggs were short-weight.)

DISPOSITION: May 2, 1949. Default decree of condemnation. The court ordered that the product be destroyed, with the exception of certain samples which were to be taken for official purposes by the Food and Drug Administration. 14959. Adulteration of candy jelly bird eggs and chocolate marshmallow Easter eggs. U. S. v. 343 Cases, etc. (F. D. C. No. 26888. Sample Nos. 53280-K, 53281-K.)

LIBEL FILED: March 23, 1949, Eastern District of Louisiana.

ALLEGED SHIPMENT: On or about February 16, 1949, by the Riggi Candy Co., from Chicago, Ill.

PRODUCT: 343 35-pound cases of candy jelly bird eggs; and 10 cases each containing 30 cartons and each carton containing 1 dozen chocolate marshmallow Easter eggs, at New Orleans, La.

NATURE OE CHARGE: Adulteration, Section 402 (a) (3), the jelly bird eggs were unfit for food by reason of the presence of wood fragments, and the chocolate marshmallow Easter eggs consisted in whole or in part of a filthy substance by reason of the presence of insect fragments and rodent hair fragments; and, Section 402 (a) (4), the articles had been prepared under insanitary conditions whereby they may have become contaminated with filth. DISPOSITION: August 19, 1949. Default decree of condemnation and destruction. 14960. Adulteration and misbranding of chocolate-covered eggs. U. S. v. 4 Cases *. (F. D. C. No. 26979. Sample No. 7947–K.)

LIBEL FILED: April 7, 1949, Northern District of West Virginia. ALLEGED SHIPMENT: On or about March 14, 1949, by the Sterling Specialty Co., from Pittsburgh, Pa.

PRODUCT: 4 cases, each containing 24 cartons, of chocolate-covered eggs, at Weirton, W. Va. Each carton contained one egg.

LABEL, IN PART:
Chocolate Covered Fruit and Nut Egg One Pound Net."

(Carton) "Lady Sterling Quality Candies Deluxe Hand Rolled

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 insects, insect fragments, and rodent hair fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth.

Misbranding, Section 403 (d), the container was so made, formed, and filled as to be misleading since the carton was too large for the amount of candy contained therein. (The product occupied less than 70 percent of the volume of the container.)

DISPOSITION: May 17, 1949. Default decree of condemnation and destruction. 14961. Adulteration of chocolate-covered eggs. U. S. v. 54 Boxes *

(F. D. C. No. 26923. Sample No. 7954-K.)

LIBEL FILED: April 6, 1949, Northern District of Ohio.

ALLEGED SHIPMENT: On or about March 14, 1949, by the Sterling Specialty Co., from Pittsburgh, Pa.

PRODUCT: 54 2-pound boxes of chocolate-covered eggs at Youngstown, Ohio. LABEL, IN PART: "Lady Sterling Quality Candies Deluxe Hand Rolled Milk Chocolate Covered Fruit and Nut Egg Two Pounds Net." 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 insects, insect fragments, and rodent hair fragments; and, Section 402 (a) (4), it had been prepared under insanitary conditions whereby it may have become contaminated with filth.

DISPOSITION: July 15, 1949. Default decree of condemnation and destruction.

DAIRY PRODUCTS

MILK AND CREAM

14962. Adulteration of milk. U. S. v. Charles Howard Donaldson. Plea of guilty. Fine, $250. (F. D. C. No. 26328. Sample No. 40529-K.)

INFORMATION FILED: February 23, 1949, Western District of Washington, against Charles Howard Donaldson, a partner and manager of Donaldson Brothers, a partnership, Brush Prairie, Wash.

ALLEGED SHIPMENT: On or about July 16, 1948, from the State of Washington into the State of Oregon.

NATURE OF CHARGE: Adulteration, Section 402 (b) (2), water had been substituted in part for milk; and, Section 402 (b) (4), water had been added to the article and mixed and packed with it so as to increase its bulk and weight and reduce its quality and strength.

DISPOSITION: July 12, 1949. A plea of guilty having been entered, the court imposed a fine of $250.

14963. Adulteration of churning cream. U. S. v. 2 10-Gallon Cans

(F. D. C. No. 27030. Sample No. 29291-K.)

LIBEL FILED: March 15, 1949, District of Colorado.

ALLEGED SHIPMENT: On or about March 12, 1949, by Stires Produce, from Atwood, Kans.

PRODUCT: 2 10-gallon cans of churning cream at Denver, Colo.

NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy, decomposed, and putrid animal substance; and it contained rodent hair fragments, dog hair fragments, and a human hair. DISPOSITION: May 3, 1949. The shipper of the product having consented to the entry of a decree, judgment of condemnation and destruction was entered. 14964. Adulteration of churning cream. U. S. v. 1 10-Gallon Can (F. D. C. No. 27031. Sample No. 29292-K.)

LIBEL FILED: March 15, 1949, District of Colorado.

ALLEGED SHIPMENT: On or about March 12, 1949, by the Liberal Produce Co., from Liberal, Kans.

PRODUCT: 1 10-gallon can of churning cream at Denver, Colo.

NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted in whole or in part of a filthy, decomposed, and putrid animal substance; and it contained a rodent hair.

DISPOSITION: May 3, 1949. The shipper of the product having consented to the entry of a decree, judgment of condemnation and destruction was entered.

FISH

14965. Adulteration of frozen ciscoes. U. S. v. 17 Boxes

27015. Sample No. 11217-K.)

(F. D. C. No.

LIBEL FILED: April 19, 1949, Eastern District of New York. ALLEGED SHIPMENT: On or about February 25, 1949, by Lake St. Peter Fisheries, from East Montreal, Quebec, Canada.

PRODUCT: 17 boxes, containing a total of approximately 2,107 pounds of frozen ciscoes at Brooklyn, N. Y.

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 10, 1949. Default decree of condemnation and destruction.

14966. Adulteration of frozen cod fillets. U. S. v. 44 Cartons *

No. 27040. Sample No. 53440–K.)

LIBEL FILED: April 11, 1949, Northern District of Alabama.

(F. D. C.

ALLEGED SHIPMENT: On or about October 25, 1948, by Morris Fisheries, Inc., from Chicago, Ill.

PRODUCT: 44 cartons, each containing 10 pounds, of frozen cod fillets at Birmingham, Ala.

LABEL, IN PART:

"North Atlantic Frosted Cod Fillets Packed by North At

lantic Fish Company, Boston, Mass., Gloucester, Mass."

NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product was unfit for food by reason of the presence of hard, yellow, and fibrous fish.

DISPOSITION: May 16, 1949. Default decree of condemnation and destruction. 14967. Adulteration of canned jack mackerel. U. S. v. 93 Cases

(F. D. C. No. 26940. Sample No. 40323-K.)

LIBEL FILED: March 22, 1949, District of Maryland.