19995. Adulteration and Misbranding of Jigs.    TJ. S. v. 15 Cases, ethyl., of
Pigs.    Decrees of condemnation, forfeiture, and destruction.    (No. 
363-A.    F. & D. No. 28631.)
These actions involved the shipment of quantities of figs that contained 
dead insects and other evidence of insect infestation. The packages con- 
taining a portion of the article bore no statement of the quantity of the 
contents.
On August 10, 1932, the United States attorney for the District of Hawaii, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid libels praying seizure and con- 
demnation of 25 cases of figs at Honolulu, Hawaii, consigned by Theo. H. 
Davies & Co. (Ltd.), San Francisco, Calif., alleging that the article had been 
shipped from San Francisco, Calif., on or about August 3, 1932, to Honolulu, 
in the Territory of Hawaii, and charging that the article was adulterated, and
that a portion also was misbranded in violation of the food and drugs act as 
amended. The article was labeled in part: " Otzen's Choice Strictly California 
Black Figs, Packed by Otzen Packing Co., San Francisco, Cal." Fifteen of 
the cases also were labeled with the statement: " 25 Lbs. Net."
It was alleged in the libels that the article was adulterated in that it con- 
sisted of a filthy, decomposed, and putrid animal and vegetable substance.
Misbranding was alleged with respect to 10 cases of the product for the 
reason that the packages were not plainly and conspicuously marked on the 
outside in terms of weight, measure, or numerical count.
On August 22, 1932, Theo. H. Davies & Co. (Ltd.), San Francisco, Calif., 
having entered an appearance as claimant and owner of the property and 
having admitted the material allegations of the libels, judgments of condem- 
nation and forfeiture were entered, and it was ordered by the court that 
the product be destroyed.
HENBT A. WALLACE, Secretary of Agriculture.