14958.?Adulteration   and   alleged   misbranding   of   oranges.     IT.   S.   v.   300
Boxes of Oranges. Default decree of condemnation and con??
fiscation entered.     Product ordered sorted and good portion sold.
(F. & D. No. 21693.    I. S. No. 2370-x.    S. No. C-5323.)
On February 7, 1927, the United States attorney for the Eastern District of?
Missouri, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying seizure and?
condemnation of 300 boxes of oranges, remaining in the original unbroken?
packages at St. Louis, Mo., alleging that the article had been shipped by E. W.?
Wiggins, Limona, Fla., on or about January 28, 1927, and transported from?
the State of Florida into the State of Missouri, and charging adulteration and?
misbranding in violation of the food and drugs act. The boxes containing the?
article were labeled in part: " S. E. Mays Grower and Shipper Plant City,?
Florida." The wrappers were labeled in part: " Selected * * * Florida?
Oranges " or " Selected Citrus Florida Fruit."
Examination of the article by the Bureau of Chemistry of this department?
showed that it was composed of frost-damaged fruit.
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It was alleged in the libel that the article was adultered, in that it con??
sisted in whole or in part of decomposed oranges.
Misbranding was alleged for the reason that the statements on the individual?
wrappers, " Selected Citrus Florida Fruit" or " Selected Florida Oranges," as?
the case might be, were false and misleading when applied to partially or?
totally decomposed oranges.
On March 18, 1927, no claimant having appeared for the property, judgment?
was entered, finding the product adulterated and subject to condemnation and?
confiscation, and it was ordered by the court that a representative of this?
department be permitted to resort and repack the said product, and that the?
portion fit for human consumption be sold by the United States marshal.
W. M. JARDINE, Secretary of Agriculture.