which should contain not less than 80 percent of milk fat as provided by the act of March 4, 1923.

On October 3, 1935, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

25237. Misbranding of cottonseed screenings. U. S. v. Humphreys-Godwin Co. Plea of guilty. Fine, $50 and costs. (F. & D. no. 35895. Sample no. 27407-B.)

This case was based on a shipment of cottonseed screenings that contained less protein than declared on the label.

On October 14, 1935, the United States attorney for the Western District of Tennessee, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Humphreys-Godwin Co., a corporation, trading at Memphis, Tenn., alleging shipment by said company in violation of the Food and Drugs Act on or about November 1, 1934, from the State of Tennessee into the State of Kansas, of a quantity of cottonseed screenings which were misbranded. The product was invoiced as "41% cottonseed scgs" and was labeled in part: "41% Protein-Prime Quality Dixie Brand-100 lbs. net Guaranteed Analysis Min. Protein 41% * Guaranteed by Humphreys-Godwin Co., Memphis, Tenn."

* **

The article was alleged to be misbranded in that the statements, "41% Protein * * * Guaranteed Analysis Min. Protein 41%", borne on the tags attached to the bags containing the article, were false and misleading, and for the further reason that the article was labeled so as to deceive and mislead the purchaser, since it contained less than 41 percent of protein.

On December 11, 1935, a plea of guilty was entered on behalf of the defendant company and the court imposed a fine of $50 and costs.

W. R. GREGG, Acting Secretary of Agriculture.

25238. Misbranding of cottonseed meal. U. S. V. Missouri Cotton Oil Co. Plea of guilty. Fine, $150 and costs. (F. & D. no. 35893. Sample no. 27409-B.)

This case was based on a shipment of cottonseed meal which was short in weight.

On July 22, 1935, the United States attorney for the Eastern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court an information against the Missouri Cotton Oil Co., Cairo, Ill., alleging shipment by said company in violation of the Food and Drugs Act, on or about November 16, 1934, from the State of Illinois into the State of Kansas, of a quantity of cottonseed meal which was misbranded. The article was labeled in part: (Tag) "100 Pounds Net * * * Manufactured For Feeders Supply and Mfg. Co. * * Kansas City, Mo."

The article was alleged to be misbranded in that the statement "100 Pounds Net", borne on the tag attached to the sack containing the article, was false and misleading, and for the further reason that it was labeled so as to deceive and mislead the purchaser since the sacks did not contain 100 pounds of the article, but did contain in the greater number thereof less than 100 pounds. On October 9, 1935, a plea of guilty was entered on behalf of the defendant company and the court imposed a fine of $150 and costs.

W. R. GREGG, Acting Secretary of Agriculture.

25239. Adulteration of canned peaches. U. S. v. Roberts Bros., Inc. Plea of guilty. Fine, $100. (F. & D. no. 35891. Sample nos. 3919-B, 3920-B, 4046-B, 4221-B, 11390-B, 16407-B, 18849-B, 18850-B, 27834-B.)

This case was based on an interstate shipment of canned peaches, samples of which were found to be wormy and worm-eaten.

On November 6, 1935, the United States attorney for the Middle District of Georgia, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Roberts Bros. Inc., trading at Americus, Ga., alleging shipment by said company in violation of the Food and Drugs Act. on or about July 7, July 12, July 21, July 24, and August 1, 1934, from the State of Georgia into the States of Texas, Louisiana, and Tennessee, of quantities of canned peaches which were adulterated. The article was labeled in part: "Indian Hunter Brand * * Peaches * Distributed by Roberts Bros.

Inc. Main Office Baltimore, Md."

The article was alleged to be adulterated in that it consisted in whole and in part of a filthy vegetable substance.

On November 29, 1935, a plea of guilty was entered on behalf of the defendant company and on December 2, 1935, the court imposed a fine of $100.

W. R. GREGG, Acting Secretary of Agriculture.

25240. Adulteration of tomato pulp and tomato puree. U. S. v. Paul W. Funderburg (Summitville Canning Co.). Plea of guilty. Fine, $25. (F. & D. no. 35892. Sample nos. 25488-B, 25540-B, 25541-B, 25542-B.) This case was based on shipments of tomato pulp and tomato puree that contained excessive mold.

On October 2, 1935, the United States attorney for the Southern District of Indiana, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Paul W. Funderburg, trading as the Summitville Canning Co., Summitville, Ind., alleging shipment by said defendant in violation of the Food and Drugs Act on or about October 5, 9, 10, and 16, 1934, from the State of Indiana into the State of Illinois, of quantities of tomato pulp and tomato puree which were adulterated. The puree was labeled in part: "Richelieu Brand Puree of Tomatoes Distributed By Sprague, Warner & Company, Chicago, Ill." The pulp was unlabeled.

The articles were alleged to be adulterated in that they consisted in part of a decomposed vegetable substance.

On October 11, 1935, the defendant entered a plea of guilty and the court imposed a fine of $25.

W. R. GREGG, Acting Secretary of Agriculture.

25241. Adulteration of canned turnip greens and canned mustard greens. U. S. v. 66 Cases of Canned Turnip Greens and 59 Cases of Canned Mustard Greens. Default decree of condemnation and destruction. (F. & D. nos. 35842, 35843. Sample nos. 10289-B, 10290-B.)

This case involved canned turnip and mustard greens which were found to be infested with worms and insects.

On August 7, 1935, the United States attorney for the Northern District of Texas, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 66 cases of canned turnip greens and 59 cases of canned mustard greens at Abilene, Tex., alleging that the articles had been shipped in interstate commerce on or about June 7, 1935, by the Greathouse Canning Co., from Fayetteville, Ark., and charging adulteration and violation of the Food and Drugs Act. The articles were labeled in part: "Mayfair Turnip [or "Mustard"] Greens packed for Central Canners, Inc., Fayetteville, Ark."

*

The articles were alleged to be adulterated in that they consisted in whole or in part of filthy vegetable substances.

On November 13, 1935, no claimant having appeared, judgment of condemnation was entered and it was ordered that the products be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

25242. Adulteration of canned tuna. U. S. v. 842 Cases of Canned Tuna. Product released under bond for separation and destruction of decomposed portion. (F. & D. no. 35359. Sample nos. 11430-B, 15723-B.) This case involved a shipment of canned tuna which was in part decomposed. On April 8, 1935, the United States attorney for the Eastern District of Missouri, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 842 cases of canned tuna at St. Louis, Mo., alleging that the article had been shipped in interstate commerce on or about March 8, 1935, by the Van Camp Sea Food Co., from Terminal Island, Calif., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "White Star Brand California Fancy Chicken of the Sea Tuna Fish packed and guaranteed by White Star Canning Co. Los Angeles Harbor, Calif. Division of Van Camp Sea Food Co., Inc."

** * **

The article was alleged to be adulterated in that it consisted in whole or in part of a decomposed animal substance.

On October 19, 1935, the Van Camp Sea Food Co., Inc., the claimant, having admitted that the product was in part adulterated and consisted in part of a decomposed animal substance, but asserting that such adulterated portion could

be separated from the portion suitable for consumption as food, a decree was entered ordering that the product be released under bond conditioned that all portions unfit for consumption as food be segregated and destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

25243. Adulteration of tomato puree. U. S. v. Henryville Canning_Co. Plea of guilty. Fine, $25. (F. & D. no. 34082. Sample nos. 3285-B, 19602-B, 19603-B, 19644–B.) This case was based on shipments of canned tomato puree that contained excessive mold.

On September 5, 1935, the United States attorney for the Southern District of Indiana, acting upon a report by the Secretary of Agriculture, filed in the district court an information against the Henryville Canning Co., a corporation, Henryville, Ind., alleging shipment by said company in violation of the Food and Drugs Act, on or about September 3, 7, 10 and 18, 1934, from the State of Indiana into the State of Ohio, and on or about September 15, October 6 and October 17, 1934, from the State of Indiana into the State of Kentucky of quantities of tomato puree which was adulterated.

The article was labeled in part, variously: "Crystal Springs Brand * * Tomato Puree Packed by Henryville Canning Co., Inc. Henryville, Ind."; "Henryville Brand Tomato Puree Henryville Canning Co., Henryville, Indiana"; "Park View Brand Tomato Puree Distributed by The Burke Grocery Co.

Cincinnati, O."

The article was alleged to be adulterated in that it consisted in whole and in part of a decomposed vegetable substance.

On October 11, 1935, a plea of guilty was entered on behalf of the defendant company and the court imposed a fine of $25.

W. R. GREGG, Acting Secretary of Agriculture.

25244. Adulteration of tomato sauce and tomato catsup. U. S. v. 49 Cases and 99 Cases of Tomato Sauce and 31 Cases of Tomato Catsup. Default decrees of condemnation and destruction. (F. & D. nos. 35836, 35840. Sample nos. 26875-B, 26876-B, 37246-B.)

These cases involved tomato sauce and tomato catsup that contained filth resulting from worm infestation.

On or about July 31 and August 8, 1935, the United States attorneys for the Southern District of Florida and the Southern District of Texas, acting upon reports by the Secretary of Agriculture, filed in the respective district courts libels praying seizure and condemnation of 31 cases of tomato catsup at Miami, Fla., and 148 cases of tomato sauce at Houston, Tex., alleging that the articles had been shipped in interstate commerce on or about April 5 and July 9, 1935, by the Howard Terminal, from Oakland, Calif., and charging adulteration and violation of the Food and Drugs Act. The catsup was labeled in part: "Sea Rock Brand Tomato Catsup * Packed by Santa Cruz Fruit Packing Company Oakland California." The sauce was labeled in part: ""For All' Brand" or ["New Day"] Tomato Sauce * Harcourt-Greene Co. Distributors San Francisco, Calif."

*

* *

The articles were alleged to be adulterated in that they consisted wholly or in part of a filthy or decomposed vegetable substance.

On October 5 and December 16, 1935, no claimant having appeared, judg ments of condemnation were entered and it was ordered that the products be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

25245. Misbranding of canned tomatoes. U. S. v. 1,460 Cases of Canned Tomatoes. Consent decree of condemnation. Product released under bond for relabeling. (F. & D. no. 35834. Sample no. 39590-B.)

tomatoes which were substandard

This case involved a shipment of canned and were not labeled to indicate that fact. On July 31, 1935, the United States attorney for the Western District of Missouri, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 1,460 cases of canned tomatoes at Kansas City, Mo., alleging that the article had been shipped in interstate commerce on or about July 4, 1935, by the Columbus Foods Corporation, from McAllen, Tex., and charging violation of the Food and Drugs Act as amended.

*

The article was labeled in part: "Blue Bonnet Brand Tomatoes * Packed at McAllen, Texas * * * by Columbus Foods Corporation General Office Columbus, Wis."

The article was alleged to be misbranded in that it was canned food and fell below the standard of quality and condition promulgated by the Secretary of Agriculture since it did not consist of whole pieces, it was not normally colored and was not peeled, and its package or label did not bear a plain and conspicuous statement prescribed by regulations of this Department indicating that it fell below such standard.

On December 7, 1935, the Columbus Foods Corporation, claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of condemnation was entered and it was ordered that the product be released under bond conditioned that it be relabeled under the supervision of this Department.

W. R. GREGG, Acting Secretary of Agriculture.

25246. Adulteration of tomato paste. U. S. v. 270 Cases of Tomato Paste. Default decree of condemnation and destruction. (F. & D. no. 35696. Sample no. 33928-B.)

This case involved a product which contained filth resulting from worm infestation.

On July 3, 1935, the United States attorney for the Northern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 270 cases of tomato paste at Chicago, Ill., alleging that the article had been shipped in interstate commerce.on or about October 10, 1934, by the Hershel California Fruit Products Co., from San Jose, Calif., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: (Can) "Contadina Brand Tomato Paste * * * Packed by Hershel California Fruit Products Company San Jose, Calif."

The article was alleged to be adulterated in that it consisted in whole or in part of a filthy vegetable substance.

On October 4, 1935, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

25247. Adulteration of tomato catsup. U. S. v. 208 Cases of Tomato Catsup. Default decree of condemnation and destruction. (F. & D. no. 35756. Sample nos. 37939-B, 37940-B.)

This case involved a shipment of tomato catsup, samples of which were found to be infested with worms and insects.

On July 11, 1935, the United States attorney for the Western District of Washington, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 208 cases of tomato catsup at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about February 26, 1935, by the National Grocery Co., from Oakland, Calif., and charging adulteration and violation of the Food and Drugs Act. The article was labeled in part: "Expo Brand Catsup Packed for National Grocery Co. Seattle Wash."

The article was alleged to be adulterated in that it consisted in whole or in part of a filthy vegetable substance.

On October 17, 1935, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.

25248. Adulteration and misbranding of butter. U. S. v. Toulon Milk Products Co. Plea of guilty. Fine, $100. (F. & D. no. 35975. Sample no. 31959-B.)

This case was based on an interstate shipment of butter which contained less than 80 percent of milk fat.

On September 9, 1935, the United States attorney for the Southern District of Illinois, acting upon a report by the Secretary of Agriculture, filed in the district court an information against the Toulon Milk Products Co., a corporation, Toulon, Ill., alleging shipment by said company in violation of the Food and Drugs Act, on or about June 18, 1935, from the State of Illinois into the State of Wisconsin of a quantity of butter which was adulterated and misbranded. The article was labeled in part: [Print] "Swift's Premium Quality Brookfield Butter * * * Distributed by Swift & Company."

The article was alleged to be adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter, a product which must contain not less than 80 percent by weight of milk fat as required by the act of Congress of March 4, 1923, which the article purported to be.

Misbranding was alleged for the reason that the statement "Butter", borne on the label, was false and misleading, and for the further reason that it was labeled so as to deceive and mislead the purchaser, since the article was not butter as defined by law.

On December 16, 1935, a plea of guilty was entered on behalf of the defendant company and the court imposed a fine of $100.

W. R. GREGG, Acting Secretary of Agriculture.

25249. Misbranding of olive oil. U. S. v. 13 Cases and 46 Cases of Olive Oil. Decree of condemnation. Product released under bond. (F. & D. no. 35766. Sample nos. 15542-B, 15543–B.)

Samples of olive oil taken from this shipment were found to contain less than the labeled volume. The declaration of the quantity of the contents borne on the labels was ambiguous.

* *

On July 15, 1935, the United States attorney for the Southern District of California, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 59 cases of olive oil at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about June 11, 1935, by the Barcelona Sales Co., from New York, N. Y., and charging misbranding in violation of the Food and Drugs Act as amended. The article was labeled in part: "Barcelona Pure Virgin Olive Oil * * * The Barcelona Company * 3 oz. [or 1.6 oz.]." The article was alleged to be misbranded in that the statements on the labels, "3 oz." and "1.6 oz. guaranty * * * Full Measure Furnished to Dealers", were false and misleading and tended to deceive and mislead the purchaser. Misbranding was alleged for the further reason that the article was food in package form and the quantity of the contents was not plainly and conspicuously marked on the outside of the package, since the statements were incorrect and were ambiguous, in that they did not indicate whether they were weight or measure.

On September 28, 1935, the Barcelona Sales Co., Inc., claimant, having admitted the allegations of the libel, judgment of condemnation was entered and it was ordered that the product be released under bond conditioned that it be brought into compliance with the law under the supervision of this Department. W. R. GREGG, Acting Secretary of Agriculture.

25250. Adulteration of butter. U. S. v. 18 Tubs of Butter. Default decree of condemnation and destruction. (F. & D. no. 36386. Sample no. 30570-B.) This case invloved butter that contained excessive mold.

On August 30, 1935, the United States attorney for the Southern District of New York, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 18 tubs of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about August 26, 1935, by the Culpeper Creamery, from Culpeper, Va., and charging adulteration in violation of the Food and Drugs Act. The article was labeled in part: "C. L. Poole & Co., New York, N. Y.”

The article was alleged to be adulterated in that it consisted wholly or in part of a filthy, decomposed, or putrid animal substance.

On September 21, 1935, no claimant having appeared, judgment of condemnation was entered and it was ordered that the product be destroyed.

W. R. GREGG, Acting Secretary of Agriculture.