20178. Adulteration of canned sauerkraut; Misbranding of canned hominy 
and canned red kidney bKans. U.S. v. 69 Cases of Canned 
Hominy, et al. Decrees of condemnation entered. Canned sauer- 
kraut destroyed. Remaining products released under bond to be 
relabeled. (F. & D. nos. 28571, 28860, 28861, 28864. Sample nos. 2164-A. 
2171-A, 2172-A, 2413-A.)
These actions involved quantities of canned hominy and canned red kidney 
beans which were short weight, and a quantity of canned asparagus which 
was unsterile and decomposed.
On August 3, 1932, the United States attorney for the Western District of 
Texas, 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 69 cases of canned hominy at Alpine, Tex. On 
September 14, 1932, the United States attorney for the District of Wyoming 
filed libels against 25 cases of canned red kidney beans at Casper, Wyo., and 
39 cases of canned sauerkraut and 25 cases of canned hominy at Sheridan, Wyo. 
It was alleged in the libels that the articles had been shipped in interstate 
commerce by the Marshall Canning Co., from Marshalltown, Iowa; that 69 
cases of canned hominy had been shipped to Alpine, Tex., on or about March 17, 
1932; that the canned sauerkraut and 25 cases of canned hominy had been 
shipped to Sheridan, Wyo., on or about March 4, 1930, and March 4, 1932, 
respectively; and that the canned red kidney beans had been shipped to 
Casper, Wyo., on or about July 2, 1932. It was further alleged in the libels 
that the canned sauerkraut was adulterated in violation of the Food and Drugs 
Act, and that the remaining products were misbranded in violation of the said 
act as amended. The articles were labeled in part: " Uncle William Improved 
Red Kidney Beans Contents 1 Lb. Marshall Canning Co. * * * Marshall- 
town, Iowa "; " Uncle William Sauerkraut "; " Uncle William Brand Hominy 
Contents One Lb. 2 Oz."; " Uncle William Hominy Contents 1 Lb." 
1
Adulteration of the canned sauerkraut was alleged in the libel for the 
reason that it was composed in whole or in part of a decomposed and putrid 
vegetable substance unfit for human consumption.
Misbranding of the remaining products was alleged for the reason that the 
statements, " Contents 1 Lb." and " 1 lb. 2 oz.", borne on the labels, were false 
and misleading and deceived and misled the purchaser, since the cans contained 
less than so labeled. Misbranding was alleged for the further reason that the 
articles were foods in package form and the quantities of the contents were 
not plainly and conspicuously marked on the outside of the packages, since the 
quantities stated were incorrect.
On October 28, 1932, no claim having been interposed for the canned sauer- 
kraut, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be destroyed by the United States 
marshal.
The Marshall Canning Co., Marshalltown, Iowa, filed answers in the remain- 
ing cases, admitting the material allegations of the libels, and praying release 
of the products for the purpose of relabeling or salvaging them. On December 
17, 1932, January 10, 1933, and February 6, 1933, judgments of condemnation 
were entered and it was ordered by the court that the said products be released 
to the claimant upon payment of costs and the execution of good and sufficient 
bonds, conditioned in part that they should not be sold, or otherwise disposed 
of in violation of the Federal Food and Drugs Act and all other laws. It was 
further ordered that any relabeling or salvaging required to bring the articles 
into compliance with the law be done under the supervision of this Department.
R. G. TUGWELL, Acting Secretary of Agriculture.