20693. Misbranding of Paprakene.   U. S. v. 1 Drum * * *.    (F. D. C. No. 34917.
Sample No. 49809-L.)
LIBEL FILED :    March 27,1953.    Southern District of New York.
ALLEGED SHIPMENT : On or about December 30,1952, by Spicene Co. of America, 
Inc., from West New York, N. J.
PRODUCT: 1 drum of Paprakene at Bronx, N. Y. Examination showed that 
the product was salt, colored with annatto and cochineal color, and that it 
contained little or no oleoresin capsicum.
LABEL IN PART: (Drum) "Paprakene Contents: Oleoresin Capsicum an- 
natto and other essential oils and extractions in a Sodium Chloride Carrier 
* * * Net Weight 150# This Product Is Guaranteed To Comply With 
All Pure Food Laws and B. A. I. Regulations."
NATURE OF CHARGE: Misbranding, Section 403 (a), the oleoresin capsicum 
listed first in the ingredient statement was false and misleading as applied to 
a product which contained little, if any, oleoresin capsicum; and the label 
statement "This Product Is Guaranteed To Comply With All Pure Food Laws 
and B. A. I. Regulations" was false and misleading since the article did not 
comply with the Federal Food, Drug, and Cosmetic Act, and was a product 
which was not permitted to be used in plants operated under B. A. I. 
regulations.
Further misbranding, Section 403 (i) (2), the article was fabricated from 
two or more ingredients, and its label failed to bear the common or usual 
name of each such ingredient since the statement "other essential oils and 
extractions in a Sodium Chloride Carrier" did not reveal the common or usual 
name of each ingredient of the article; and, Section 403 (k), the article con- 
tained artificial coloring, cochineal, and it failed to bear labeling stating 
that fact.
DISPOSITION: August 24, 1953. Default decree of condemnation and destruc- 
tion.