4727. Action  to  enjoin  and restrain interstate  shipments  of bakery products.
U. S. v. John E. Mayer.   Preliminary and permanent injunction granted.
(In. No. 41.) 
On December 1, 1942, the United States attorney for the Eastern District of 
Pennsylvania filed a complaint against John E. Mayer, Philadelphia, Pa;, alleging 
that the defendant for several years past and more particularly since on or about 
July 6, 1940, had been introducing and causing to be introduced into interstate 
commerce from Philadelphia, Pa., to various other States within the United States, 
pies, cakes, doughnuts, sweet goods, and other bakery products, which consisted 
in whole or in part of filthy substances and were otherwise unfit for food and 
which had been prepared, packed, and held under insanitary conditions whereby 
they may have become contaminated with filth, thereby rendering the articles 
adulterated within the meaning of the law.
The complaint alleged further (1) that since July 6, 1940, numerous investiga- 
tions and inspections by the Food and Drug Administration had disclosed the 
existence of insanitary conditions and the presence of filth, insects, rodents, 
rodent excreta, and other foreign matter, and filthy and unwholesome substances 
in and around the place of manufacture of the defendant, and in and around the 
raw materials, and adjacent to the place where the articles were packed for ship- 
ment ; (2) that the defendant had been warned to remedy such defects and had been 
warned not to ship products which were adulterated, but despite such warnings, 
had failed to remedy the defects and had continued to manufacture, pack and 
prepare for shipment in interstate commerce filthy and adulterated food; (8) that 
various interstate shipments of the product manufactured by the defendant had 
been sampled and found to contain filth; (4) that such products were often 
distributed to retail stores in small quantities, making seizure and condemnations 
difficult and impracticable; and (5) that the seizure under civil process would 
necessitate legal proceedings and make criminal proceedings in many instances, 
and would entail a multiplicity of legal actions unjustified by the relatively small 
quantities involved in the individual shipments.
The complaint alleged also that the defendant unless restrained would continue 
shipment of adulterated products, and prayed that an order be entered directing 
him to show cause why he should not, be enjoined and restrained during the 
pendency of the action and that, upon hearing a preliminary injunction be granted, 
and for further and appropriate relief.
On December 1, 1942, an order to show cause was entered and on December 7, 
1942, after hearing, a preliminary injunction was granted. On January 27, 1943, 
no appearance having been made on behalf of the defendant subsequent to the
hearing on the motion for preliminary injunction, default was noted and judgment
was entered, ordering that the defendant and all acting upon his behalf be per- 
k petually enjoined and restrained from in any manner or by any device, directly
' or indirectly, shipping or preparing for shipment in interstate commerce-bakery
products which the defendant had manufactured.