10884. Adulteration and misbranding of Saframol   (food color).    U.  S. v.  16
Cartons    *    *    *    (and 1 other seizure action).    (F. D. C. Nos. 15118, 
15311.   Sample Nos. 63819-F, 103-H.)
LIBELS FILED : On or about February 3 and March 1,1945, Southern District of 
Florida.
ALLEGED SHIPMENT: On or about October 31 and November 2, 1944, by David 
Kleckner and Sons, Inc., from Ozone Park, Long Island, N. Y.
PRODUCT: 16 cartons and 10 boxes, each containing 100 envelopes, of Saframol 
food color at Tampa, Fla. Analysis showed that this product did not contain 
saffron, but that it contained sodium bicarbonate and coal-tar colors such as 
FDC Yellow No. 5 and FD C Orange No. 1. One lot of the product contained 
annatto.
LABEL IN PART: "Pure Spanish Saffron * * * Kleckner's Saframol Im- 
proves   Your Food For   *   *   *   Color."
NATURE OF CHARGE : Adulteration, Section 402 (c), the article bore and contained 
coal-tar colors other than those from batches certified in accordance with the 
regulations.
?See also Nos. 10720,10882.
Misbranding, Section 403 (a), the label statement "Pure Spanish Saffron
* * * Made from Extract of Pure Saffron" was false and misleading as 
applied to this article which contained no saffron; and, Section 403 (b), the 
article was offered for sale under the name of another food.
DISPOSITION : On April 11,1945, by order of the United States district court for 
the District of Massachusetts, these 2 actions were consolidated with others 
involving similar products and removed to the United States district court for 
the Southern District of New York. On January 14,1947, David Kleckner and 
Sons, Inc., claimant, having withdrawn its answer filed in each of the proceed- 
ings and having consented to the entry of a decree, judgment of condemnation 
was Entered and the product was ordered destroyed.