17186. Adulteration and Misbranding of canned sauerkraut. TJ. S. -v. 95 
Cases of Canned Sauerkraut. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 23796. I. S. No. 08964. 
S. No. 2018.)
On June 7, 1929, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States fOT said district a libel praying seizure and con- 
demnation of 95 cases of canned sauerkraut, remaining in the original packages 
at Cincinnati, Ohio, consigned by the Morgan Packing Co., Austin, Ind., in 
part on February 21, 1929, and in part on March 8, 1929, alleging that the 
article had been shipped from Austin, Ind., and transported from the State of 
Indiana into the State of Ohio, and charging adulteration and misbranding
in violation of the food and drugs act. The article was labeled in part: (Can) 
"Hougland's Sauerkraut * * * Packed by Hougland Bros. Canning Co., 
Underwood, Ind."
It was alleged in the libel that the article was adulterated in that sauer- 
kraut low in acidity had been mixed and packed with and substituted in part 
for the said article, so as to reduce, lower, and injuriously affect its quality. 
Adulteration was alleged for the further reason that the article consisted in 
part of a decomposed vegetable substance.
Misbranding was alleged for the reason that the designation " Sauerkraut" 
was false and misleading and deceived and misled the purchaser.
On July 2, 1929, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered nunc pro tunc as of June 30, 1929, 
and it was ordered by the court that the product be destroyed by the United 
States marshal.
ABTHira M. HYDE, Secretary of Agriculture.