12526. Adulteration and misbranding of coal-tar color.     U.  S. v. 1 Can of
Coal-Tar   Color.     Decree   of   condemnation,    forfeiture,   and   de- 
struction.     (F. & D. No. 14838.    I. S. No. 3156-t.    S. No. C-2997.)
On April 28, 1921, the United States attorney for the Southern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure and 
condemnafon of 1 can of coal-tar color at Laredo, Texas, alleging that the 
article had been shipped by the W. B. Wood Mfg. Co. from St. Louis, Mo., on 
or about March 3, 1921, and transported from the State of Missouri into the 
State of Texas, and charging adulteration and misbranding in violation of the 
food and drugs act.   The article was labeled in part: (Can) " 1 Lb. Net   W. B.
Wood Mfg. Co., St. Louis, Mo.   Complies with all requirements Warranted 
Quality Color Number 810 Contents Yellow."
Adulteration of the article was alleged in the libel for the reason that 
sodium chloride and sodium sulphate had been mixed and packed therewith so 
as to reduce, lower, and injuriously affect its quality and strength and had been 
substituted wholly or in part for the said article. Adulteration was alleged for 
the further reason that the article contained an added poisonous or deleterious 
ingredient, arsenic, which might have rendered it injurious to health.
Misbranding was alleged for ,the reason that the statement on the label, 
" Complies with all requirements, Warranted Quality, Color," was false and 
misleading and deceived and misled the purchaser.
On December 8, 1923, the W. B. Wood Mfg. Co., St. Louis, Mo., having 
appeared as claimant for the property, and an agreement having been entered 
into between the claimant 'and the Government that the case should be governed 
by the decision in a similar case then pending in the Circuit Court of Appeals 
for the Seventh Circuit on writ of error to the Eastern District of Illinois, and 
the court having determined that the said case had terminated in favor of the 
Government (W. B. Wood Mfg. Co. v. U. S. 286, Fed. 84), a 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 and that the claimant pay 
the costs of the proceedings.
HOWARD M. GOBB, Secretary of Agriculture.