9685. Adulteration and misbranding of canned kidney bKans.     If. S.   *    *    *
v. 102 Cases, 99 Cases, 137 Cases, and 275 Cases of Kidney BKans. 
Consent   decrees   and   orders   for   release   of   product   under   bond.
(F. & D. Nos. 12173, 12174, 12175, 12196, 12197. I. S. Nos. 9011-r, 9243-r, 
9244-r, 9245-r, 9246-r, 9017-r, 9018-r. S. Nos. C-1752, C-1753, C-1754, 
C-1757,  C-1773,   C-1774.)
On February 18, 19, and 20, 1920, respectively, the United States attorney 
for the Eastern District of Missouri, acting upon reports by the .Secretary of 
Agriculture, filed in the District Court of the United States for said district 
libels for the seizure and condemnation of approximately 613 cases of kidney 
beans, remaining unsold in the original unbroken packages at St. Louis, Mo., 
alleging that the article had been shipped by the Morgan Packing Co., Austin, 
Ind., July 30 and November 22, 1919, and January 8, 1920, respectively, and 
transported from the State of Indiana into the State of Missouri, and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
various consignments were labeled in part, respectively, " Elk Brand Red 
Kidney Beans * * *," " Scott County Brand Red Kidney Beans * * *," 
" White House Brand Red Kidney Beans * * *," " Squirrel Brand Red 
Kidney Beans * * *," " Lucky Boy Brand Kidney Beans * * *," and 
" Pilot Brand Red Kidney Beans    *    *    *."
Adulteration of the article was alleged in the libels for the reason that 
long cranberry beans had been mixed and packed with, and substituted wholly 
or in part for, the said article, to wit, kidney bKans.
Misbranding was alleged for the reason that the above-quoted labeling 
was false and misleading and deceived and misled the purchaser when applied 
to long cranberry beans, and for the further reason that the said article 
was an imitation of, and was offered for sale under the distinctive name of, 
another article.
On June 2, 1921,  the Morgan Packing Co., Austin,  Ind., claimant, having 
admitted the allegations of the libel and having consented to decrees, judgments
were entered finding that the product had been unlawfully shipped for sale in
interstate commerce, and it was ordered by the court that it be released to
the   said  claimant  upon  payment  of the  costs  of the proceedings  and   the
execution of bonds in the aggregate sum of $1,900, in conformity with section 10
of the act, conditioned in part that the said product be relabeled as " Naga
Uzura Kidney Beans," and that in the future the term " Kidney " be not used
further than necessary to exhaust the stock of beans and labels on hand January
15   3922?' ' 
C. W. PUGSLEY, Acting Secretary of Agriculture.