10586. Adulteration of oranges. U. S. * * * v. 462 Boxes * * * of?
Oranges. Decree entered ordering release of product under bond?
and providing, by consent of claimant, for condemnation and?
destruction of portion unfit for food. (F. & D. No. 15972. I. S. No.?
4342-t.    S.  No.  C-3427.)
On February 6, 1922, the United States attorney for the Eastern 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 462 boxes of oranges, consigned January 22, 1922, remain??
ing unsold in the original unbroken packages at St. Louis, Mo., alleging that?
the article had been shipped by the Fay Fruit Co., from Upland, Calif., and?
transported from the State of California into the State of Missouri, and?
charging adulteration in violation of the Food and Drugs Act. A portion of?
the article was labeled in part: " Fox Brand Trade Mark * * * Associated?
Orange Distributors, California." The remainder of the article was labeled in?
part: " Trophy Brand Trade Mark    *    *    *   Fay Fruit Co., California."
Adulteration of the article was alleged in the libel for the reason that it?
consisted in whole or in large part of a filthy, decomposed, and putrid vegetable?
substance.
On February 11, 1922, the Fay Fruit Co:, claimant, having admitted the?
allegations of the libel and- having consented to the entry of a decree for
330	
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[Supplement 142,
the condemnation and destruction of the portipn of the product unfit for food,?
judgment of the court was entered ordering the release of the said product?
to the claimant, upon payment of the costs of the proceedings and the execution?
of a bond in the sum of $2,000, in conformity with section 10 of the act.
C. W. PUGSLEY, Acting Secretary of Agriculture.