18611. Adulteration and mlsbrandlnsr of lima bKans.    U.  S. "v. 62 Bags  of
Lima   BKans.    Product   ordered   released   nnder  bond,   to   be   re- 
labeled.    (F. & D. No. 26340.    I. S. No. 16192.    S. No. 4657.)
Examination of a product, labeled " Lima Beans," from the shipments herein 
?described having shown that the article consisted of beans other than lima 
beans, the' Secretary of Agriculture reported the matter to the United States 
-attorney for the District of Maryland.
On May 7, 1931, the United States attorney filed in the District Court of the 
^United States for the district aforesaid a libel praying seizure and condemna- 
tion of 62 bags of lima beans, remaining in the original unbroken packages
at Baltimore, Md., alleging that the article had been shipped by the E. W. 
Mills Co., from Philadelphia, Pa., in part on or about February 24, 1931, and 
in part on or about March 9, 1931, and had been transported from the State 
of Pennsylvania into the State of Maryland, and charging adulteration and 
misbranding in violation of the food ahd drugs act. The article was labeled 
in part: " Tally-Ho Domestic Lima BKans."
It was alleged in t&e libel that the article was adulterated in that beans 
other than lima beans had been substituted wholly for lima beans, which the 
article purported to be.
Misbranding was alleged for the reason that the statement on the label, 
"Domestic Lima Beans," was false and misleading and deceived and misled 
the purchaser; and for the further reason tMt the article was offered for 
sale under the distinctive name of another article.
On June 5, 1931, Max Lazarus & Sohs (Inc.), Baltimore, Md., having ap- 
peared as claimant for the property, a decree was entered ordering that the 
product be released to the said claimant upon payment of eosts ahd the execu- 
tion of a bond in the sum of $700, conditioned in part that it be relabeled 
" Butternut Beans,"
ABTHTJB M. HTDE, Secretary of Agriculture.