18917. Adulteration and Misbranding of canned sliced mushrooms. U. S. 
v. 20 Cases of Canned Sliced Mushrooms. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. No. 26705. I. S. No. 
17231.    S. No. 4831.)
Examination of samples of canned sliced mushrooms from the shipment 
herein described having shown that the article contained excessive stems and 
that the cans contained less than the declared weight, the Secretary of Agri- 
culture reported the matter to the United States attorney for the Eastern 
District of Michigan.
On or about June 26, 1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure and 
condemnation of 20 cases of canned sliced mushrooms at Detroit, Mich., alleging 
that the article had been shipped by Von Bremen-Asche de Bruyn (Inc.), from 
Wilmington, Del., on or about April 14, 1931, and had been transported from 
the State of Delaware into the State of Michigan, and charging adulteration 
and misbranding in violation of the food and drugs act as amended. The 
article was labeled in part: (Can) "Forest-Inn Sliced Mushrooms Full 
Natural Flavor (Unbleached) Cultivated Mushrooms * * * Contents 15 
Oz. Drained Weight of Mushrooms 8 Oz. * * * These mushrooms * * * 
Forest-Inn Mushrooms * * * We guarantee them to be * * * of 
exceptionally high quality [cut of mushroom];" (shipping carton) "8 Oz. 
Sliced Mushrooms."
It was alleged in the libel that the article was adulterated in that excessive 
stems had been substituted in part for the said article.
Misbranding was alleged for the reason that the statement on the shipping 
cases, " 8 Oz. Eliced Mushrooms," and the statements on the can labels, " Cliced 
Mushrooms * * * Cultivated Mushrooms * * * Contents 15 Oz. 
Drained Weight of Mushrooms 8 Oz. * * * Mushrooms * * * These 
mushrooms * * * Forest-Inn Mushrooms * * * We guarantee them to 
be * * * of exceptionally high quality," and the design of a mushroom 
appearing on the said cans, were false and misleading, and deceived and misled 
the purchaser when applied to mushrooms containing an excessive amount of 
stems and which were short of the declared contents and of the declared drained 
weight.    Misbranding was alleged for the further reason that the article was
food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of* the package, since the statement made 
was not correct, and for the further reason that the article was offered for 
sale and sold -under the distinctive name of another article.
On October 8, 1931, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ABTHUB M. HYDE, Secretary of Agriculture.