21604. Adulteration and misbranding of canned mustard greens.    TJ. S. v.
72 Cases of Canned Mustard Greens. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. no. 30810. Sample 
no. 42730-A.)
This case involved an interstate shipment of canned mustard greens that 
were infested with bugs, worms, gnats, and cocoons. Sample cans taken from 
the shipment were also found to contain less than the declared weight.
On August 4, 1933, the United States attorney for the Western District of 
Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 72 cases of canned 
mustard greens at Oklahoma City, Okla., alleging that the article had been 
shipped in interstate commerce on or about April 20 and June 1, 1933, by the 
Thrift Packing Co., from Dallas, Tex., and charging adulteration and mis- 
branding in violation of the Food and Drugs Act as amended. The article was 
labeled in part: "Thrift Brand Mustard Greens, Contents 1 lb. 3 ozs."
It was alleged in the libel that the article was adulterated in that it consisted 
wholly or in part of a filthy vegetable substance.
Misbranding was alleged for the reason that the statement on the label, " 1 
lb. 3 ozs.", was false and misleading and deceived and misled the purchaser. 
Misbranding was alleged for the further reason that the article was food in 
package form and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the package, since the statement of weight was 
incorrect.
On October 14, 1933, 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.
M. L. WILSON, Acting Secretary of Agriculture.