1160. Adulteration and misbranding of damaged drags. U. S. v. 1,300 Cases of
Petrolagar, 785 Cartons of Hematlnlc Plastules, and 490 Cartons of
Amphojel Keomagma.    Default decree of condemnation and destruction.
(F. D. C. No. 10777.    Sample No. 52831-F.)
On September 17, 1943, the United States attorney for the Eastern District of
Virginia filed a libel against the above-mentioned products at Portsmouth,, Va.,
alleging that the articles had been shipped on or about September 30, 1942, from
Baltimore, Md.; and charging that they were adulterated and misbranded.
The articles became damaged by bilge water en route from Baltimore to
Portsmouth, where the vessel put in for repairs. The articles were there
unloaded and placed in a warehouse.
The articles were alleged to be adulterated in that they had been held under
insanitary conditions whereby they may have become contaminated with filth.
They were alleged to be misbranded in that the information required by law to
appear on the label or labeling was not prominently placed thereon with such
conspicuousness as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use, since the labeling in
part had been damaged and rendered illegible, or had been entirely detached
from the packages upon which it had originally been placed.
On February 1, 1944, no claimant having appeared, judgment of condemnation
was entered and the products were ordered destroyed.