8502. Misbranding of 505 F^e^ 
Fer¬
mentation . Inhibitor.    Tried  to- the   court..   Decree...of   condemnation. 
Product ordered released under bond.    (F. D. C. No. 14022.    Sample No.
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LIBEL FILED:   October 9, 1944, Eastern District of Pennsylvania!!   ;  -f: .;
692824-^-46-
391
Analysis showed that the product was. an aqueous solution containing about 
34 grams of monochloracetic acid per 100 cc.
Inc sbftus /PART »« "Contains  **    *    *   Food Acid   *   *   *    Use: To be used in
* Acid' products- to prevent lactic and alcoholic fermentation and the growth or 
multiplication of yeast bacteria."
NATURE OF CHARGE: Misbranding, Section 403 (a), the labeling was misleading in 
that it failed to reyeal the fact that the article contained about 34 grams, per 
100 cc, of monochloracetic acid, a poisonous and deleterious substance, which 
caused the article itself to be a poisonous and deleterious substance and which 
rendered it unwholesome and unsuitable for use as a component of food used 
by man.
DISPOSITION : On November 4, 1944, the Sethness Products Co., claimant, having 
filed a petition for the removal of the case for trial to another jurisdiction, an 
order was entered directing the transfer of the case to the Eastern District 
of Wisconsin. Thereafter, the claimant filed an answer denying the misbrand- 
ing of the product and, on July 2, 1945, the case came on for trial before the 
court. After consideration of the testimony of the parties and the arguments 
of counsel, the court, on September 4,1945, handed down the following findings 
pf fact and conclusions -of law: 
DUFFY, District Judge:
FINDINGS OF FACT
"1. On or about the 25th day of August, 1944, said Sethness Products Company 
did ship and consign from Chicago, Illinois to Philadelphia, Pennsylvania said 
article so seized.
"2. That said article consists of a solution of monochloroacetic acid in water 
in the proportions of thirty-four grams of monochloroacetic acid to one 
hundred cubic centimeters of the article. Monochloroacetic acid is a poisonous 
and* deleterious substance, and the article is a poisonous and deleterious 
substance.
"3. Said article was sold and shipped by claimant to be used as a 
component of food.
"4. When introduced into interstate commerce as aforesaid, the labeling 
of said article represented that it was a non-poisonous and harmless substance 
and failed to reveal the fact material in the light of such representation that 
said article is a poisonous and deleterious substance, and that by reason of 
said omission I find that said labeling was misleading within the meaning 
,   of Sec. 343 (a), Title 21, United States Code.
"5. That 505 Fermentation Inhibitor, when used in proportions not to ex- 
ceed 500 parts per million, does not render foods or beverages injurious, 
>V« deleterious or unsafe for human consumption.
"And I find as
CONCLUSIONS OF LAW
"1. That the said article under seizure is misbranded in violation of Sec. 
343 (a), Title 21, United States Code, because its labeling is misleading 
within

the meaning of See. 343 (a), and was introduced into interstate com- 
merce in violation of Sec. 331 (a), Title 21, United States Code, and is subject 
(
to condemnation pursuant to Sec. 334 (a), Title 21, United States Code. Let 
a decree of condemnation be entered accordingly, with costs against the 
claimant."
On1 September 4, 1945, judgment of condemnation was entered and the 
ceed
'500 parts per million, does not render foods or beverages injurious, 
the law, under the supervision of the Federal Security Agency.