5721. Adulteration and mis^i-anding of bKans. If. S. * * * v. 725 Cases 
of BKans. Default decree of condemnation, forfeiture, and de- 
struction.    (F. & D. No. 7939.    I. S. No. 10584-m.    S. No. C-616.)
On December 27, 1916, the United States attorney for the Western District 
of Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 725 cases of beans, remaining unsold in the original unbroken 
packages at Kansas City, Mo., alleging that the article had been shipped on or 
about November 20, 1916, by the Union Packing Co., Omaha, Nebr., and trans- 
ported from the State of Nebraska into the State of Missouri, and charging 
adulteration and misbranding in violation of the Food and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that it 
consisted in whole or in part of a filthy, decomposed, and putrid vegetable 
substance.
It was alleged that the article was misbranded and was so labeled and 
branded as to deceive and mislead the purchaser for the reason that the pack- 
ages containing it were labeled, to wit: " Norman Brand Baked Beans with 
tomato sauce * * *," thereby deceiving and misleading the purchaser into 
the belief that the beans were baked beans, whereas, in truth and in fact, they 
were not baked beans, as by said label and brand they purported to be, but had 
been cooked by some process other than that of baking.
On February 15, 1917, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by th 
court that the product should be destroyed by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.