11995. Adulteration of canned, fruits.     TJ. S. v. Ill Cases of Canned Fruits.
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 18122.    I. S. No. 1962-v.    S. No. B-4621.)
On November 28, 1923, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of Ill cases of canned fruits, at Boston, Mass., alleging 
that the articles had been shipped by the Milliken-Tomlinson Co., Portland, 
Me., on or about November 20, 1923, and transported from the State of Maine 
into the State of Massachusetts, and charging adulteration in violation of the 
Food and Drugs Act. Some of the articles were unlabeled. The rest were 
labeled variously: " Superba Brand Fancy Loganberries Milliken-Tomlinson 
Co., Distributors, Portland, Maine;" "Superba Brand Plum Preserves Milli- 
ken-Tomlinson Co., Distributors, Portland, Maine;" " Ruperts Preserved 
Fruits Pure Cranberry Preserves A. Rupert Company, Inc., Portland, Ore- 
gon, U. S. A."
Adulteration of the articles was alleged in the libel for the reason that they 
consisted in part of a filthy, decomposed, and putrid vegetable substance.
On December 4, 1923, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the products be destroyed by the United States marshal.
C. F. MAEVIN, Acting Secretary of Agriculture.