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The war against contamination.

The War Against Contamination

A Summary of Recent Court Actions Against Violators

The Food and Drug Administration (FDA) maintains a constant vigil against packagers, importers, and processors of food products. Because of limited resources in personnel and funds, the number of violators identified is small compared to the problem. The following cases have been presented in various jurisdictions by the FDA for further action:


Foods/Poisonous and Deleterious Substances

PRODUCT: Shelfish, canned, Jade brand, at Honolulu, Dist. Hawaii; Civil No. 87-0371-HMF. CHARGED 5-5-87: When shipped from Iqueque, Chile, into a Hawaiian Free Trade Zone, the article (keyhole limpets), labeled "Jade ... Baby Abalone Like Shellfish ... Fissurella Maxima ... Produce for: Jade Food Products," contained a poisonous or deleterious substance; the article was decomposed; the article was keyhole limpets and was not abalone-like shellfish as declared on the labels --403(a)(1); the labels of the article lacked the place of business of the distributor, Jade Food Products, Inc.; and the name of such distributor and the article's ingredient statement failed to appear on the label's information panel in the type size required by regulation. DISPOSITION: Consent -- ordered destroyed.

Foods/Contamination, Spoilage, Insanitary Handling

PRODUCT: Apricots, pitted, at Ridgewood, E. Dist. N.Y.; Civil No. CV-89-0542. CHARGED: When shipped by Julkar Enterprises, Inc., Englewood, N.J., the article contained insect and other filth. DISPOSITION: Default -- ordered destroyed. (F.D.C. No. 65601; S. No. 89-545-705; S.J. No.2) PRODUCT: Bee propolis capsules, at Hayward, W. Dist. Wis. CHARGED: When returned to Beehive Botanicals, Inc., Hayward, Wis., after encapsulation and bottling at Arlee, Mont., the article labeled "Beehive Botanicals ... Propolis Capsules ... manufactured for Beehive Botanicals, Inc. Hayward, WI.," contained rodent filth and insect filth other than bee setae. DISPOSITION: Default -- ordered destroyed. PRODUCT: Cheese slices, at New Ulm, Dist. Minn. CHARGED: While held for sale, the article contained animal filth. DISPOSITION: Default -- ordered destroyed. PRODUCT: Corn, giant, at Candor, N. Dist. N.Y. CHARGED: While held for sale after being imported, the article contained the added poisonous and deleterious substance aflatoxin -- 402(a)(1). DISPOSITION: Default -- ordered destroyed.

Foods/Economic and Labeling Violations

PRODUCT: Cereal, at Pawtucket, Dist. R.I. CHARGED: When shipped from Newark, N.J., by Henry Gonsalves Co., Pawtucket, R.I., the article was labeled "Nestle Cerelac farinha lactea ... Fabricado em Portugal por Nestle Portugal, S.A.," and none of the required label words, statements or information was prominently placed on the label under conditions likely to be understood, since they were not in English. DISPOSITION: Default -- ordered destroyed. PRODUCT: Squash, strained, in jars, Gerber, at Atlanta, N. Dist. Ga. CHARGED: When shipped by Gerber Products Co., Asheville, N.C., the amount of vitamin C contained in the article was less than 80 percent of the amount declared on the label. DISPOSITION: Default -- ordered destroyed.


DEFENDANTS: Robert J. DeJean and Jan P. DeJean (t/a Southeast Crab Co. or Southeast Louisiana Crab Co.), Raceland, E. Dist. La.; Criminal No. 84-173. CHARGED 5-4-84: When shipped to Baltimore, Md., crab meat contained filth and had been prepared and packed under insanitary conditions -- 402(a)(3), 402(a)(4). DISPOSITION: Guilty pleas; each defendant fined $2,500 and placed on probation for two years. DEFENDANTS: Hot An Cold, Inc., Fred A. Alexy, president, and Vernon L. Brown, manager, Glens Falls, N. Dist. N.Y.. CHARGED on or about 10-22-85: Navy beans were held under insanitary conditions and were contaminated with insect filth. DISPOSITION: Guilty plea by the corporation -- $1,000 fine; guilty plea by the president -- $1,000 fine; and guilty please by the manager -- $250 fine. DEFENDANT: Jeffrey Golini, Los Angeles, C. Dist. Calif. CHARGED 9-9-87 by grand jury: that the defendant, while under oath as a witness before a federal grand jury, knowingly made false material declarations in denying knowledge as follows: (count I) concerning packages addressed to the defendant containing steroids, (count II) concerning a person named John who dealt in steroids, and (count III) concerning the defendant's ordering of steroids. DISPOSITION: The defendant moved to continue the trial of this case until after the trial of a criminal conspiracy case in which Golini was also a defendant. The defendant also filed a broad request for discovery and a motion to suppress all the testimony given by him as a witness before a federal grand jury. Subsequently, the defendant pleaded guilty and was sentenced to imprisonment for two years. PRODUCT: Condoms, at Miami, S. Dist. Fla. CHARGED: The articles, which were labeled "Contraceptive Loviel ... Condoms ... Distr. by Loviel Mpls., Mn," which had been shipped from Seoul, Korea, and which had twice been refused legal entry into the United States, fell below their purported quality because they contained excessive holes; and the articles' label statement "For Reducing the Risk of Pregnancy and S.T.D." was false and misleading because of the articles' holes. DISPOSITION: Consent -- authorized release to Medelec International Corp., Miami, Fla., for the sole purpose of being exported.

Drugs/Human Use

PRODUCT: Johnson's antiseptic solution, at Jackson, S. Dist. Miss. CHARGED: While held by Martin Drug Co., Jackson, Miss., who manufactured the article using interstate components, the article, labeled "Johnson's Antiseptic for Minor Cuts ... Martin Drug Co. Jackson, Miss.," had been manufactured, processed, packaged, and held under circumstances that failed to conform with current good manufacturing practice as prescribed by regulations, since the article was made available for retail distribution without the required tamper-resistant packaging. DISPOSITION: Consent -- authorized release for reconditioning.


DEFENDANTS: International Nut Corp., Gregory Hintlian, president, and Aram H. Hintlian, treasurer, Lowell/Billerica, Dist. Mass.; Criminal No. 88-165. CHARGED 6-7-88: When shipped to Hayward, Calif., Worthington, Ohio, Jessup, Md., Roanoke, Va., Westport, Conn., Chesapeake, Va., Portland, Maine, and Norfolk, Va., cashew nuts labeled "Nutcracker Salted Cashew Halves (counts 1 & 3) [or "Whole Cashews" (counts 2 & 4)] . . . International Nut Corp.; Lowell, Massachusetts," and "Nutcracker Salted Fancy Whole Cashews (counts 5, 6, 7 & 8) . . . International Nut Corp., Billerica, Massachusetts," contained insect filth and/or mold -- 402(a)(3). DISPOSITION: Guilty pleas by corporation to all counts and by individuals to count 8. Corporation fined $1,000 on each of counts 1-3 and $5,000 on each of counts 4-8 for a total fine of $28,000. Each individual fined $5,000.

Food Additives

PRODUCT: Super oxide dismutase tablets, at Auburn Hills, E. Dist. Mich. CHARGED 10-12-88: When shipped by Nutro Laboratories, Inc., Plainfield, N.J., the articles, labeled "SOD 2,000 units (Super Oxide Dismutase) ... Tablets ... Major Vitamin Auburn Hills, MI [or "Major Vitamin Ferndale, Michigan" or Texas Drug Warehouse Mesquite, TX"] ... as a dietary supplement," contained the nonconforming food additive super oxide dismutase. DISPOSITION: Default -- ordered destroyed.


Foods/Contamination, Spoilage, and Insanitary Handling

PRODUCT: Bamboo shoots, canned, Evergreen, at St. Paul, Dist. Minn. CHARGED: When shipped by China National Cereals, Oils and Food Stuffs, Kiangsi, China, the article was unfit for food because of swollen and leaking containers. DISPOSITION: Default -- ordered destruction. PRODUCT: Flour, and other food stocks, at Lebanon, M. Dist. Tenn.; Civil No. 3-88-1098. CHARGED 12-23-88: While held by Kenneth O. Lester Co., Inc., Lebanon, Tenn., the articles had been held under insanitary conditions. DISPOSITION: Consent -- authorized release to the dealer for salvaging. (F.D.C. No. 65584; S. No. 89-536-476 et al.; S.J. No. 3) PRODUCT: Garlic, at Linden, Dist. N.J.; Civil No. 87-4958. CHARGED: 12-14-87: When shipped by Joe Cimino Foods, San Jose, Calif., the article contained mold and insect filth. DISPOSITION: Default -- ordered destroyed.
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Title Annotation:summary of recent court actions against food packagers, importers and processors
Publication:Nutrition Health Review
Date:Jan 1, 1990
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