19295. Adulteration and Misbranding of canned sliced mushrooms.    U„ ST— 
v. 40 Cases of Sliced Mushrooms.    Default decree of destruction.
(F. & D. No. 26709.    I. S. No. 25270.    S. No. 4832.)
Examination of samples of sliced mushrooms from the shipment herein de- 
scribed having shown that the article contained excessive stems and was- 
short weight, the Secretary of Agriculture reported the matter to the United 
States attorney for the District of Minnesota.
On 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 con- 
demnation of 40 cases of sliced mushrooms, remaining in the original un- 
broken packages at Minneapolis, Minn., alleging that the article had been, 
shipped on or about April 20, 1931, by Von Bremen-Asche de Bruyn (Inc.), 
from Wilmington, Del., and had been transported in interstate commerce fruit 
the State of Delaware into the State of Minnesota, and charging adulteration 
and misbranding in violation of the food and drugs act as amended. The arti- 
cle was labeled in part: (Case) "8 Oz. Net Forest-Inn Sliced Mushrooms;"" 
(cans) " Forest-Inn Sliced Mushrooms * * * Sole Distributors Von- 
Bremen-Asche-de Bruyn, Inc.   New York."
It was alleged in the libel that the article was adulterated in that excessive- 
stems had been substituted in part for the article.
Misbranding was alleged for the reason that the statement, "8 Oz. Sliced- 
Mushrooms," appearing on the shipping case, and the statements, " Sliced 
Mushrooms * * * Cultivated Mushrooms * * * Contents 15 Oz. 
Drained Weight of Mushrooms 8 Oz. * * * These mushrooms * * *¦ 
Forest-Inn Mushrooms * * * We guarantee them to be * * * of ex- 
ceptionally high quality," and the design of a mushroom, appearing on the can 
label, 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 conspicu- 
ously declared on the outside of the package, since the statement made was- 
not correct.
On October 22, 1931, no claimant having appeared for the property, judgment 
was entered ordering that the product be destroyed by the United States- 
marshal.
ARTHUR M. HYDE, Secretary of Agriculture.