F. & D. Nos. 1393 and 1394.
S. No. 521.	
Issued December 17, 1910.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 656, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF CALCIUM ACID PHOSPHATE.
On or about February 16 and March 28, 1910, there were shipped?
from the State of New York to the State of Massachusetts two barrels?
of a food product labeled " Provident Chemical Works. 300 lbs.?
C. A. P. St. Louis. Serial No. 381. P. C. W. New York.", one of?
said barrels having been shipped on each of said dates. Samples?
from these shipments were procured and examined by the Bureau of?
Chemistry, United States Department of Agriculture, and as the?
findings of the analyst and report made indicated that the product?
was adulterated and misbranded within the meaning of the Food and?
Drugs Act of June 30, 1906, and liable to seizure under section 10 of?
the act, the Secretary of Agriculture reported the facts to the United?
States attorney for the District of Massachusetts.
On April 14, 1910, a libel was filed in the District Court of the?
United States for said district against the said two barrels of calcium?
acid phosphate, charging the above shipments and alleging that the?
product so shipped was adulterated, in that a substance, to wit, a?
starch product, had been mixed and packed with said food so as to?
reduce, lower, and injuriously affect its quality and strength, and?
praying seizure, condemnation, and forfeiture of the product. On?
May 9, 1910, an amendment to said libel was filed by adding to the?
original libel a new count, charging that the product was misbranded,?
in that said two barrels were labeled " C. A. P.", which would lead?
the purchaser to believe that said barrels contained calcium acid phos??
phate, whereas, in truth and in fact, it was not calcium acid phos??
phate, and praying seizure and condemnation of the product. There??
upon said Provident Chemical Works entered its appearance and filed?
its claim to the product, denying that said product was adulterated,
65334??No. 656?10
but admitting it to be misbranded within the meaning of the above-?
mentioned act, and praying that the said two barrels of calcium acid?
phosphate be delivered to it upon paying the costs of these proceed??
ings and giving such bond as the court might direct. Thereupon the?
cause came on for hearing, and the court, being fully informed in the?
premises, issued its decree finding the product to be misbranded, but?
not adulterated within the meaning of the said act, and ordering that?
said two barrels of calcium acid phosphate should be delivered to the?
claimant upon the payment of the costs of these proceedings and upon?
execution and delivery of a satisfactory bond in the sum of $100, con??
ditioned that said two barrels should not be sold or otherwise disposed?
of contrary to law. Said costs having been paid and bond furnished?
in accordance with the terms of said decree, said two barrels of?
calcium acid phosphate were forthwith delivered to the claimant.
This notice is given pursuant to section 4 of the Food and Drugs?
Act of June 30, 1906.
W. L. MOORE,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, October 27, 1910.
656