11140.?Adulteration and misbranding of Icidney beans.    17.  S. v. 50 Cases,
et al, of Stidney BSans. Tried to the court and a jury. Judg??
ments for the Government.     Product ordered destroyed.     (F. & D,
Nos. 12184, 12202, 12238. I. g. Nos. 15217-r, 15218-r, 15979-r. S. Nos.?
E-1982, E-1989, E-2025.)
On February 19, February 26, and March 8, 1920, respectively, the United?
States attorney for the Eastern District of Pennsylvania, 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 85 cases and 41?
dozen cans of kidney beans, remaining in the original unbroken packages,?
in part at Philadelphia, Pa., and in part at Lancaster, Pa., consigned by?
George Van Camp & Sons Co., Westfield. Ind., alleging that the article had?
been shipped from Westfield, Ind., in part on or about December 9, 1919, and?
in part on or about December 11, 1919, and transported from the State of?
Indiana into the State of Pennsylvania, and charging adulteration and mis??
branding in violation of the Food and Drugs Act. A portion of the article was?
labeled in part: " Geo. Van Camp's Red Kidney Beans Contents 1 Lb. 4 Oz.?
Packed by Geo. Van Camp & Sons Co., Westfield, Ind." The remainder of?
the article was labeled in part: " Elk Head 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 therewith so as to reduce, lower,?
and injuriously afreet its quality and had been substituted in whole or in?
part for kidney beans.
Misbranding was alleged in substance for the reason that the statement?
appearing on the labels of the cans containing the article, to wit, " Red Kidney?
Beans," and the design and device of a cut of a dish containing red beans, ap??
pearing on the labels of a portion of the said cans, regarding the said article?
and the ingredients and substances contained therein, were false and mislead??
ing in that the said cans did not contain red kidney beans.
On or about October 23,1922, George Van Camp & Sons Co., having theretofore?
entered an appearance as claimant for the property, the case came on for?
final disposition before the court and a jury. The claimant not appearing?
at the trial, after the submission of evidence and argument by counsel for the?
Government, the court charged the jury, which, without leaving the jury box,?
found  for  the Government.    On  October 24,  1922,   judgments  of the  court
78	
BUREAU   OF   CHEMISTRY.	
[ Supplement 153,
were entered providing for the destruction of the product, but upon authority?
of the Department of Justice it was subsequently delivered to charitable in??
stitutions.
C. W. PUGSLEY. Acting Secretary of Agriculture.