10452. Adulteration   and   Misbranding of   red   kidney   beans,   so-called.
TJ. S.     *     *     *     v. 70 Cases    *    *     *    Alleg-ed Kidney Beans    *    *    * 
et al.    Decree  of condemnation and forfeiture.     Product  ordered 
released on bond.     (F. & D. Nos. 12152, 12216.    I. S. Nos. 8573-r, 9740-r. 
S. Nos. C-1739, C-1797.)
On February 18, 1920, and March 3, 1920, the United States attorney for the 
Southern District of Iowa, 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 70 cases and 137 cases, each containing 2 dozen 
cans, of red kidney beans, at Davenport, Iowa, alleging that the article had been 
shipped on or about November 29, 1919, and January 19, 1920, by the George 
Van Camp & Sons Co., Westfield, Ind., and transported from the State of Indiana 
into the State of Iowa, and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled ic part: " Geo. Van 
Camp's Red Kidney Beans Contents 1 Lb 4 Oz. Packed By George Van Camp 
& Sons Co , Westfield, Ind.," or " Unlabeled Red Kidney Beans," or " Jonathan 
Brand Red Kidney BKans."
It was alleged in substance in the libels that the product was adulterated in 
that long cranberry beans had been mixed and packed with, and substituted 
wholly or in part for, red kidney bKans.
It was alleged that the article, was misbranded in violation of Section 8, 
general paragraph and paragraphs second and fourth under food, in that the 
statement " Red Kidney Beans " was false and misleading so as to deceive and 
mislead the purchaser when applied to long cranberry beans, which article was 
substituted in whole or in part for red kidney bKans. Misbranding was alleged 
for the further reason that the article was an imitation of, and offered for sale 
under the distinctive name of, another article.
On April 27, 1922, the cases having come on for disposition, judgment of con- 
demnation and forfeiture was entered, and it was ordered by the court that the 
product might be released to the said George Van Camp & Sons Co., who ap- 
peared to be the owner of the product, upon the execution of a good and suffi- 
cient bond in the aggregate sum of $1,000, in conformity with section 10 of the 
act, conditioned in part that the product be truly and correctly relabeled, and 
conditioned further that said company pay the costs of the proceedings.
C. W. PTJGSLEY, Acting Secretary of Agriculture.