20010. Adulteration of dried prunes.    U.S.  v. 426 Cases of Dried Prunes.
Decree of condemnation and forfeiture.    Product released under 
bond.    (F. & D. No. 28252.    Sample No. 203-A.)
This action involved the shipment of a quantity of dried prunes, samples of 
which were found to be moldy and insect-infested.
On April 26, 1932, the United States attorney for the Northern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel 
praying seizure and condemnation of 426 eases of dried prunes, remaining 
in the original unbroken packages at San Jose, Calif., alleging that the article 
had been shipped in interstate commerce on or about March 28, 1932, by 
Guggenhime & Co., from New Orleans, La., to San Jose, Calif., and charging 
adulteration in violation of the Food and Drugs Act. The article was labeled 
in part: (Cases) "Pansy Brand Santa Clara Prunes Packed by Guggenhime 
& Company, California."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a filthy, decomposed, or putrid vegetable substance.
On July 28, 1932, Guggenhime & Co., having appeared as claimant for the 
property, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be delivered to the said claimant, upon 
the execution of a bond in the sum of $500, conditioned that it should not 
be sold or disposed of contrary to the provisions of the Food and Drugs Act, 
and that it be made to conform with the provisions of the said act, under 
the supervision of this Department, and that claimant pay costs of the 
proceedings.   On August 4, 1932, the entire lot of prunes was destroyed.
B. G. TUGWELL, Acting Secretary of Agriculture.