9562. Adulteration and Misbranding of red kidney bKans.     U.   S.     *     *     *
v.  971  Cases     *      *      *     of  Red  Kidney  Beans     *     *     *       Decree   of 
condemnation and forfeiture.     Product released under bond.     (F. &
D. No. 12224.    I. S. No. 8578-r.    S. No. C-1811.) 
On March 2, 1920, the United States attorney for the Eastern. District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel for the seizure and
condemnation of 971 cases, more or less, of red kidney beans, consigned by the 
J. T. Polk Co., Greenwood, Ind., remaining unsold in the original unbroken 
packages at Danville, Ill., alleging that the article had been shipped from 
Greenwood, Ind., on or about August 5, 1919, and transported from the State of 
Indiana into the State of Illinois, and charging adulteration and misbranding in 
violation of the Food and Drugs Act. The article was labeled in part: (Cans) 
" Polk's Best Red Kidney Beans * * * Superior Quality J. T. Polk Co., 
Greenwood, Indiana Distributors."
Adulteration of the article was alleged in the libel for the reason that long 
cranberry beans had been mixed and packed with, and substituted wholly or 
in part for, the said article.
Misbranding was alleged in substance for the reason that the statement on 
the cans containing the article, "Best Red Kidney Beans," together with a 
design of a dish containing red beans, was false and misleading and deceived 
and misled the purchaser. Misbranding was alleged for the further reason 
that the article was an imitation of, and was offered for sale under the dis- 
tinctive name of, another article.
On October 27, 1920, the J. T. Polk Co., Greenwood, Ind., having entered an 
appearance as claimant for the property and having shown no reason why the 
product should not be condemned and confiscated, judgment of condemnation 
and forfeiture was entered, and it was ordered by the court that the product 
be released to said claimant upon payment of the costs of the proceedings and 
the execution of a bond in the sum of $5,000, in conformity with section 10 
of the act.
C. W. PUGSLEY, Acting Secretary of Agriculture.