10623. Adulteration and misbranding of red kidney beans. U. S. * * *?
v. 181 Gases * * * and 14 Cases of Alleged Kidney Beans.?
Default decrees of condemnation, forfeiture, and destruction or?
sale. (F. & D. Nos. 12171, 12223. I. S. Nos. 8881-r, 8885-r. S. Nos. C-1755^?
C-1814.)?
On February 19 and March 3, 1920, respectively, the United States attorney?
for the District of Minnesota, acting upon reports by the Secretary of Agri??
culture, filed in the District Court of the United States for said district libels?
for the seizure and condemnation of 181 cases and 14 cases of alleged kidney?
beans, at St. Paul and Rochester, Minn., respectively, alleging that the article?
had been shipped by George Van Camp & Sons Co., from Westfield, Ind., in?
part on or about September 13,1919, and in part on or about October 20,1919, and?
transported from the State of Indiana into the State of Minnesota, and charg??
ing adulteration and misbranding in violation of .the Food and Drugs Act.?
The article was labeled in part: (Can) "George Van Camp's Red Kidney-?
Beans" (or "Special Red Kidney Beans") "* * * Packed by George Van?
Camp & Sons Co., Westfield, Indiana."
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.
Misbranding was alleged in substance for the reason that the-statement, "Red?
Kidney Beans," appearing on the label of the cans containing the article, was?
false and misleading when applied to long cranberry beans; and for the further?
reason that the article was an imitation of, and was offered for sale under the?
distinctive name of, another article.
On May 1, 1922, no claimant having appeared for the property, judgments?
of condemnation and forfeiture were entered, and on May 5, 1922, amended?
decrees were filed providing for the condemnation and forfeiture of the product?
and ordering that it be destroyed by the United States marshal, or sold by said?
marshal if such sale could be effected, to a consumer or other person who?
would not place the said product upon the market for sale.
C. W. PUGSLEY, Acting Secretary of Agriculture.