22850. Bernalac. (F. D. C. No. 38194. S. No. 7-379 M.) QUANTITY : 3 cases, 6 cans each, at Denver, Colo. SHIPPED: 3-8-55 and 3-22-55, from San Jose, Calif., by Bernard Food Indus- tries, Inc. LABEL IN PART: (Can) "Bernard Bernalac Net Weight 4 Lbs. A Low Sodium, High Value Protein Food Supplement * * * Approximate Analysis * * * including Sodom.15%." LIBELED : 6-23v-55, Dist. Colo. CHARGE: 403 (a)—the statement on the label of the article when shipped, namely, "A Low Sodium * * * Food Supplement * * * Approximate Analysis * * * Including Sodium 0.15%" was false and misleading as applied to the article, which contained substantially more than the stated amount of sodium; and 403 (j)—the article purported to be and was repre- sented as a food for special dietary use by reason of its use as a means of regulating the intake of sodium, and its label failed to bear, as required by regulations, a statement of the number of milligrams of sodium in an average serving of the article. DISPOSITION: 8-31-55. Default—destruction. INDEX TO NOTICES OF JUDGMENT F. N. J. NOS. 22751 TO 22850 PRODUCTS N. J. No. Angelica root 22830 Anise seed 22831 Apple cider. See Apple juice. Apple juice 22811,22812 Applesauce, restricted diet, canned 22813 Bakery products 22751 Basic Food Supplement tablets— 22846 Beans, cranberry, dried 22816 lima, dried 22815,22816 pink, dried 22816 Beef hips, fresh 22824 Bernalac 22850 Blowfish tails, frozen 22785 Bluefin, frozen 22786 Boysenberries, canned 22769, 22804, 22805 Brewers rice 22770 -Butterfish, frozen 22787 Cake mix 22776 Cashew kernels 22827 Cereals and cereal prod- ucts 22751-22776 Chili peppers, dried 22832 Chilies 22833 Corn flour 22753 Cornmeal 22752,22753 Cranberry beans, dried 22816 Cumin seed 22834,22835 Dog food, canned 122781, 22782 Eggs, frozen 22777-22780 Fwing, Ray, Swine Pre-Mix 22784 Feeds and grains ^22781-22784 Fennel seed ^__ 22836,22837 N. J. No. Figbars 22751 paste 22814 Fish and shellfish 22785-22803 Flavors. See Spices, flavors, and seasoning materials. Flour 22752,22754-22763,22766 corn 22753 Fruits and vegetables 22769, 22804-22822 fruit, canned 22769,22804-22806 dried 22807,22808 fresh 22809, 22810 miscellaneous fruit prod- ucts 22811-22814 vegetables and vegetable prod- ucts 22815, 22822 Ginger 22838,22839 root 22840 Grains. See Feeds and grains. Grapefruit segments, fresh 22809, 22810 Kipper snacks 22788 Lima beans, dried _ 22815,22816 Macaroni and noodle products 22763- 22767 Malt 22752 Matzoh meal 22773, 22774 Meat and poultry 22823-22826 Mixes, prepared 22776 Noodles. See Macaroni and noodle products. Nutmegs 22841,22842 Nuts 22827-22829 Oatmeal 22775 1 (22781) Prosecution contested. The cases reported herewith were instituted in the United States district courts by United States attorneys, acting upon reports submitted by the Depart- ment of Health, Education, and Welfare. They involve foods which were adul- terated or misbranded within the meaning of the Act when introduced into and while in interstate commerce, when shipped to a holder of a guaranty, or while held for sale after shipment in interstate commerce. These cases involve (1) seizure proceedings in which default or consent decrees of condemnation were entered; (2) criminal proceedings which were terminated upon pleas of guilty or nolo contendere; and (3) injunction proceedings terminated with the entry of consent decrees of injunction. The seizure proceedings are civil actions taken against the goods alleged to be in violation, and the criminal and injunction proceedings are against the firms or individuals charged to be responsible for violations. Published by direction of the Secretary of Health, Education, and Welfare. GEO. P. LABBICK, Commissioner of Food and Drugs. WASHINGTON, D. C, October 4,1956. CONTENTS Page Cereals and cereal products 276 Bakery products 276 Flour 277 Macaroni and noodle products __ 278 Miscellaneous cereals and cereal products 279 Chocolate, sugar, and related prod- ucts 280 Chocolate products 280 Confectionery , 281 Sirup 282 Sugar 282 Dairy products 283 Butter 283 Cheese 283 Fish and shellfish 284 397087—56 1 Page Fruits and vegetables 284 Canned fruit 284 Dried fruit 285 Frozen fruit 287 Vegetables 287 Tomatoes and tomato prod- ucts 289 Meat and poultry 291 Nuts and nut products 292 Spices, flavors, and seasoning ma- terials 294 Vitamin, mineral, and other prod- ucts of special dietary signifi- cance 297 Miscellaneous foods 298 275 Adulteration, Section 402 (a) (2), the article contained an added poisonous or deleterious substance which was unsafe within the meaning of Section 406; Section 402 (a) (3), the article consisted in part of a filthy or decomposed substance, or was otherwise unfit for .food; Section 402 (a) (4), the article had been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth; Section 402 (a) (5), the article was in whole or in part the product of a diseased animal; Section 402 (b) (1), a valuable constituent of the article had been in whole or in part omitted or abstracted therefrom; Section 402 (b) (2), a substance had been substituted wholly or in part for the article; Section 402 (b) (4), a substance had been added to the article or mixed or packed therewith so as to increase its bulk or weight or reduce its quality or strength; Section 406 (a), a poisonous or deleterious sub- stance was added to the food when such substance was not required in the production thereof and could have been avoided by good manufacturing practice. Misbranding, Section 403 (a), the labeling of the article was false and mis- leading; Section 403 (i) (2), the article was not subject to the provisions of Section 403 (g) and was fabricated from two or more ingredients, and its label failed to bear the common or usual name of each such ingredient; Section 403 (j), the article purported to be and was-represented for special dietary uses, and its label failed to bear such information as the Secretary has determined to be, and by regulations prescribed as, necessary in order fully to inform purchasers as to its value for such uses. CEREALS AND CEREAL PRODUCTS BAKERY PRODUCTS