Summaries of Court Actions are given pursuant to Section 705 of the Federal Food, Drug, and Cosmetic Act. Summaries of Court Actions report cases involving seizure proceedings, criminal proceedings, and injunction proceedings. Seizure proceedings are civil actions taken against goods alleged to be in violation, and criminal and injunction proceedings are against firms or individuals charged to be responsible for violations. The cases generally involve foods, drugs, devices, or cosmetics alleged to be adulterated or misbranded or otherwise violative of the law when introduced into and while in interstate commerce.Summaries of Court Actions are prepared by Food and Drug Division, Office of the General Counsel, HHS, and are published by direction of the Secretary of Health and Human Services.
PRODUCT: Mushrooms, at Bayonne, N.J. (D.N.J.); Civil No. 95-2793 (JWB).
CHARGED 6-14-95: While held for sale after shipment in interstate commerce at Railhead Warehouse in Bayonne, N.J., the articles were adulterated in that they contained a poisonous and deleterious substance which might have rendered them injurious to health--402(a)(1). The articles were unfit for food in that they were contained in swollen and leaking cans, and they were prepared and packed under conditions whereby they might have been rendered injurious to health--402(a)(3) and (a)(4).
DISPOSITION: A default judgment and final order of forfeiture ordered the articles destroyed. (F.D.C. No. 67089; S. No. 1985607; S.J. No. 2)
PRODUCT: Peppers, dried, at Chicago, Ill. (N.D. Ill.); Civil No. 94-C-00900.
CHARGED: 2-11-94: While held for sale after shipment in interstate commerce at La Hacienda Brands, Inc., in Chicago, Ill., the articles were adulterated in that they were held under insanitary conditions whereby they might have been contaminated with filth--402(a)(4).
DISPOSITION: A consent decree of condemnation ordered the articles destroyed. (F.D.C. No. 66929; S. No. 94-710-098/9; S.J. No. 3)
PRODUCT: Porcelain food service articles, at San Francisco, Calif. (N.D. Calif.); Civil No. C-93-0439 (JPV).
CHARGED 2-5-93: While held for sale after shipment in interstate commerce at Wing Sing Chong Company, Inc., in San Francisco, Calif., the articles were adulterated in that they contained lead, an unsafe food additive--402(a)(2)(C).
DISPOSITION: A default decree of condemnation and destruction ordered the articles destroyed. (F.D.C. No. 66651; S. No. 92-706-261; S.J. No. 4)
PRODUCT: Scallops, at Hanover, Pa. (M.D. Pa.); Civil No. 1:CV-95-0232.
CHARGED 2-15-95: While held for sale after shipment in interstate commerce at Hanover Cold Storage, Inc., in Hanover, Pa., the articles were adulterated in that they consisted of decomposed scallops--402(a)(3).
DISPOSITION: A default decree of condemnation and destruction ordered the articles destroyed. (F.D.C. No. 67063; S. No. 95-693-660; S.J. No. 5)
PRODUCT: Shrimp, frozen, at Brownsville, Texas (S.D. Texas); Civil No. H-95-3399.
CHARGED 6-26-95: While held for sale after shipment in interstate commerce at Gulf Cold Storage, in Brownsville, Texas, the articles were adulterated in that they consisted of decomposed shrimp--402(a)(3).
DISPOSITION: A default decree of forfeiture ordered the articles destroyed. (F.D.C. No. 67090; S. No. 95-666-542; S.J. No. 6)
PRODUCT: Various articles of food, at San Francisco, Calif. (N.D. Calif.); Civil No. C-93-3245 (SBA).
CHARGED 9-2-93: While held for sale after shipment in interstate commerce at Lop Sing Trading Company, in San Francisco, Calif., the articles were adulterated in that they contained unsafe food additives--402(a)(2)(C). The articles were also adulterated in that they contained filth, and they were held under insanitary conditions whereby they might have been contaminated with filth--402(a)(3) and 403(a)(4). The articles were misbranded in that their labeling was false and failed to reveal that the articles contained an ingredient that might have been hazardous--403(a)(1). The articles were also misbranded in that they failed to bear labeling stating the place of business of the manufacturer, packer or distributor, and they failed to bear labeling with an accurate statement of the quantity of contents in terms of weight, measure, or numerical count--403(e)(1) and 403(e)(2). The articles also failed to bear labeling containing the common or usual name of the food, and of two or more ingredients from which the articles were fabricated--403(i)(1) and 403(i)(2). The articles labeling failed to state that they contained a chemical preservative, and their labeling failed to bear a warning label regarding saccharin contained in the articles--403(k) and 403(o)(1).
DISPOSITION: A default decree of condemnation and destruction ordered the articles destroyed. (F.D.C. No. 66759; S. No. 93-449-929; S.J. No. 7)
PRODUCT: Wahoo fish fillets, frozen, at Charlotte, N.C. (W.D.N.C.); Civil No. 3:95CV-307-H.
CHARGED 7-26-95: While held for sale after shipment in interstate commerce at United Refrigerated Services in Charlotte, N.C., the articles were adulterated in that they consisted of decomposed fish--402(a)(3).
DISPOSITION: The articles were destroyed by the potential claimant. (F.D.C. No. 67091; S. No. 95-617-827; S.J. No. 8)
FDA Consumer magazine (June 1996)