JL207T. Adulteration, and misbranding of lemon pie filling-. U. S. v. 25 Cases of Good I/uck Lemon Pie Filling. Decree of condemnation, forfeiture, and destruction. (P. & D. No. 16261. I. S. No. 8147-t. S. No. E>-3861.) On May 3, 1922, the United States attorney for the Eastern District of Pennsylvania, 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 25 cases of Good Luck lemon pie filling, at Easton, Pa., consigned by the Good Luck Pood Co., Inc., Rochester, N. Y., alleging that the article had been shipped from Rochester, N. Y., on or about April 4, 1922, and transported from the State of New York into the State of Pennsylvania, and charging adulteration and misbranding in violation of the Food and Drugs Act. The article was labeled in part: " Good Luck * * * Lemon Pie Filling A Mixture For Pie, Pudding And Cake Filling * * * Good Luck Food Co., Inc. Rochester, N. Y." Adulteration of the article was alleged in the libel for the reason that a sub- stance, imitation lemon pie filling, had been mixed and packed with and sub- stituted wholly or in part for the said article. Adulteration was alleged for the further reason that the article was mixed and colored in a manner whereby damage or inferiority was concealed. Misbranding was alleged in substance for the reason that the packages en- closing the article contained labels bearing the following statements, designs, and devices regarding the article and the ingredients and subs-tances contained, which were false and misleading: " Good Luck * * * Lemon Pie Filling A Mixture For Pie, Pudding And Cake Filling * * * Lemon Pie Filling."' Misbranding was alleged for the further reason that the article was an imita- tion of and was offered for sale under the distinctive name of another article. On February 26, 1924, the Good Luck Food Co., Inc., Rochester, N. Y., having withdrawn its answer denying the averments of the libel, judgment of con- demnation and forfeiture was entered, and it was ordered by the court that the product be destroyed by the United States marshal. HOWARD M. GORE, Acting Secretary of Agriculture.