20694. Misbranding of Paprakene.   U. S. v. 1 Drum * * *.    (F. D. C. No. 34892.
Sample No. 49799-L.)
LIBEL FILED :    February 20,1953, Southern District of New York.
ALLEGED SHIPMENT : On or about October 30, 1952, by Spicene Co. of America, 
Inc., from West New York, N. J.
PRODUCT: One drum containing 146 pounds of Paprakene at New York, 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 Ad- 
ipate and other essential oils and extractions in a Sodium Chloride Carrier
*   *   *   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 state- 
ment "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 :   April 22, 1953.   Default decree of condemnation and destruction.