20229. Adulteration  and   Misbranding of frozen  strawberries.     U.S. v.  47
Barrels of Frozen Strawberries. Decree of condemnation and. 
forfeiture. Product released under bond. (F. & D. no. 28831. 
Sample no.  12874-A.)
This action involved the shipment of a quantity of frozen strawberries a 
portion of which were found to be moldy.
On August 30, 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 47 barrels of frozen strawberries, remaining in the 
original unbroken packages at San Francisco, Calif., alleging that the article 
had been shipped in interstate commerce, on or about July 26, 1932, by the 
S. A. Moffett Co., from Seattle, Wash., to San Francisco, Calif., and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: " Packed by S. A. Moffett Co., Extra Fancy Cold 
Pack Marshall Strawberries   *   *    *    Seattle, Wash."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a decomposed vegetable substance.
Misbranding was alleged for the reason that the statement on the label, 
"Extra Fancy", was false and misleading and deceived and misled the 
purchaser.
On September 20,1932, the S. A. Moffett Co., Seattle, Wash., 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 released to the 
said claimant upon payment of costs and the execution of a bond in the sum 
of $1,000, conditioned in part that it be made to conform to the provisions 
of the Federal Food and Drugs Act, under the supervision of this Department. 
In supervising the reconditioning of the product this Department required the 
separation and destruction of the moldy berries.
R. G. TUGWELL, Acting Secretary of Agriculture.