20020. Misbranding of canned mushrooms.    U.S. v. 14 Cases of Mushrooms. 
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 28372.    Sample No. 10933-A.)
This action involved the shipment of a quantity of canned mushrooms, samples 
of which were found to contain excessive stems.
On June 7, 1932, the United States attorney for the Northern District of New 
York, 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 14 cases of mushrooms at Syracuse, N.Y., alleging that the 
article had been shipped in interstate commerce on or about February 20, 1932, 
by Kennett Canning Co., from Kennett Square, Pa., to Syracuse, N.Y., and charg- 
ing misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: (Cans) "Kennett Cultivated Mushrooms Hotels Kennett Can- 
ning Co. Kennett Square, Pa.   Contents 8 Oz. Mushrooms."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Mushrooms ", was false and misleading and deceived and 
misled the purchaser, when applied to a product consisting of mushrooms and 
added stems. Misbranding was alleged for the further reason that the product 
was offered for sale under the distinctive name of another article.
On August 23, 1932, 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.
E. G. TOGWELL, Acting Secretary of Agriculture.