23300. Dicalcium phosphate with vitamin D tablets. (F. D. C. No. 38920. S. No. 32-157 M.) QUANTITY : 8 30,000-tablet drums at Philadelphia, Pa. SHIPPED : 10-19-55, from Cleveland, Ohio. RESULTS OF INVESTIGATION : Analysis showed that the article contained approx- imately 50 percent of the declared amount of vitamin D. LIBELED : 1-19-56, E. Dist. Pa. CHARGE: 402 (b) (1)—a valuable constituent, vitamin D, had been in part omitted or abstracted from the article while held for sale; and 403 (a)—the label statement "Content per tablet: * * * Vitamin D: 333 USP units" was false and misleading. DISPOSITION : 2-15-56. Default—destruction. INDEX TO NOTICES OF JUDGMENT F. N. J. NOS. 23251 TO 23300 PRODUCTS - N. J. No. Beans, black-eyed. See Peas, black-eyed, dried. dried 23278 Beverages and beverage mate- rials 23251-23256, 23282-23284 Bevrons gelucaps 23296 Black-eyed peas, dried 23279,23280 Blueberries, fresh 23277 Caraway seed 23294 Cashew nuts 23285 Celery seed 23294 Cereals and cereal products 23257- 23264 Chickens. See Poultry. Chili peppers 23293 Chubs, frozen 23265 Coconut, shredded 23294 Coffee beans 23253-23255 chaff 23256 green i 23251,23252 Orabmeat 23268-23272 Crunchies 23298 Cumin seed, ground 23294 Dates, stuffed 23294 Dicalcium phosphate with vita- min D tablets 23300 Fish and shellfish 23265-23275 Flavors. See Spices, flavors, and seasoning materials. Flour 23257-23259 Fruits and vegetables 23276- 23284, 23294 fruit, dried 23276,23294 fresh 23277 tomato products 23282-23284 vegetables 23278-23281 Good Diet vitamin capsules and Good Diet vitamin-mineral capsules 23299 N. J. No. Hydrolyzol tablets 23296 Mackerel, Spanish, frozen 23266 Multi-Vitamin VCA gelucaps 23296 Nuts 23285-23287,23294 Oysters 23273 canned 23274 Peanuts, shelled 23294 Peas, black-eyed, dried 23279,23280 Pecans, shelled 23286 Peppers, chili 23293 Pike, Northern, frozen 23267 Popcorn, unpopped 23260-23262 Poultry 23288-23292 Prunes 23294 Quinbex vitamin B complex cap- sules 23296 Quintrons capsules 23296 Raisins 23276 Rice 23263 Rybutol gelucaps 23299 Shellfish. See Fish and shellfish. Shrimp, breaded, frozen 23275 Spices, flavors, and seasoning ma- terials 23293, 23294 Spinach, frozen 23281 Tomato cocktail 23282 juice 23283,23284 Turkeys. See Poultry. VCA gelucaps, Multi-Vitamin 23296 Vegetables. See Fruits and vege- tables. Vi-Nutro Perles 23296 Vitamins gelucaps 23296 Vitamelk 23295 Vitamin, mineral, and other prod- ucts of special dietary sig- nificance 23295-23300 Walnuts, unshelled 23287 Wheat, bulk 23264 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 adulterated or misbranded within the meaning of the Act when introduced into and while in interstate commerce 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 and (2) criminal proceedings which were terminated upon pleas of guilty. The seizure pro- ceedings are civil actions taken against the goods alleged to be in violation, -and the criminal proceedings are against the -firms or individuals charged to he 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, September 25,1951. CONTENTS Page ¦Cereals and cereal products 102 Bakery products 102 Flour 103 Macaroni and noodle products__ 103 Miscellaneous cereals 103 Confectionery 104 Dairy products 105 Butter 105 Miscellaneous dairy product 106 Eggs 106 Fish and shellfish 107 Page Fruits and vegetables 109 Fresh fruit 109 Frozen fruit 109 Vegetables and vegetable prod- ucts 109 Tomato products 110 Nuts 111 Poultry 112 Vitamin, mineral, and other prod- ucts of special dietary signifi- cance 112 101 436788—57- REPORTED IN F. N. J. NOS. 23301-23350 Adulteration, Section 402 (a) (2), the article, in one case, contained an added poisonous or deleterious substance which was unsafe within the meaning of Section 406; and, in another case, the article was a raw agricultural commodity and contained a pesticide chemical which' was unsafe within the meaning of Section 408 (a) ; Section 402 (a) (3), the article consisted in part of a filthy or decomposed substance; Section 402 (a) (4), the article had been prepared, packed, or held under insanitary conditions whereby it may have become con- taminated 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 had been in whole or in part omitted or abstracted from the article; Section 402 (b) (2), a substance had been substituted wholly or in part for the article; Section 406 (a), a poisonous or deleterious substance was added to food when such substance was not required in the production thereof and could have been avoided by good manufacturing practice; Section 408 (a), a poisonous or dele- terious pesticide chemical, or a pesticide chemical which is not generally recog- nized, among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals, as safe for use, had been added to a raw agricultural commodity, and no tolerance or exemption from the requirement of a tolerance for such pesticide chemical in or on the raw agricultural com- modity had been prescribed by the Secretary of Health, Education, and "Welfare. Misbranding, Section 403 (a), the labeling of the article was false and mis- leading; Section 403 (b), the article was offered for sale under the name of another food; Section 403 (e) (1), the article was in package form, and it failed to bear a label containing the name and place of business of the manu- facturer, packer, or distributor; 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 pre- scribed as, necessary in order fully to inform purchasers as to its value for such uses. CEREALS AND CEREAL PRODUCTS BAKERY PRODUCTS