16501. Action to enjoin and restrain the interstate shipment of cherry juice.
U. S. v. DeBadts Bros., a partnership, and Jacob J. decades, Jr, Sarah
K. decades, Jay R. decades, and Ralph O. decades.    Injunction
granted.   (Injunction No. 215.)
decades Bros., a partnership, and Jacob J. decades, Jr., Sarah K. decades,
Jay R. Defaults, and Ralph O. decades, Sodus, N. Y.
NATURE OF CHARGE : That the defendants had been, and were, at the time, intro- 
ducing and delivering for introduction into interstate commerce, at Sodus, 
N. Y., cherry juice which was adulterated in the following respects: Section 
402 (a) (3), the product consisted in whole or in part of filthy and decomposed
substances, such as decayed fruit material; and, Section 402 (a) (4), the 
product had been, and was still being, prepared, packed, and held under 
insanitary conditions whereby it may have become contaminated with filth. 
The complaint alleged that the filthy and decomposed substances of which 
the product consisted, in whole or in part, were derived from rotten, decayed, 
moldy, and wholly or partly fermented cherries which were pressed by the 
defendants to obtain the cherry juice; that the insanitary conditions of the 
defendants' plant consisted of, and resulted from, the presence of vinegar 
flies and other insects in and around the plant, including machinery and equip- 
ment used in preparing, packing, and holding the juice; and that the defend- 
ants continued to introduce and ship into interstate commerce, adulterated 
cherry juice, and would continue to so ship such cherry juice unless enjoined 
from so doing. 
PRATER OF COMPLAINT : That the defendants be perpetually enjoined from com- 
mission of the acts complained of, and that a preliminary injunction be granted 
during the pendency of the action.
DISPOSITION : March 1,1950. The defendant firm having consented to the entry 
of a decree, the court issued an order perpetually enjoining the defendants from 
shipping in interstate commerce any cherry juice which was adulterated, as 
alleged in the complaint.