22842. Misbranding of canned mixed vegetables. V. S. v. 100 Cases of 
Mixed Vegetables. Consent decree of condemnation and forfei- 
ture.    Product released under bond to be relabeled.     (F. & D.  no.
32976. Sample no. 64525-A.)
This case involved a shipment of canned mixed vegetables which was com- 
posed chiefly of potatoes and carrots, the other varieties pictured on the labeling 
being present in small amount or entirely absent.
On or about June 22, 1934, the United States attorney for the Northern 
District of Illinois, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 100 cases of 
mixed vegetables at Chicago, Ill., alleging that the article had been shipped 
in interstate commerce, on or about March 9, 1934, by the Krier Preserving 
Co., from Belgium, Wis., and charging misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: (Can) "Serv-U-Rite Wis- 
consin Assorted Vegetables * * * Packed by The Krier Preserving Co., 
Belgium, Wis."
It was alleged in the libel that the article was misbranded in that the 
vignette on the label, which included prominent pictorial representation of cab- 
bage, white corn, carrots, tomatoes, celery, potatoes, turnips, onions, lima beans, 
green and yellow string beans, peas, and- green and red peppers, was false and 
misleading and tended to deceive and mislead the purchaser, in view of the 
composition of the product, since it consisted chiefly of carrots and potatoes, 
with small amounts of green string beans, peas, and lima beans, and a trace 
of celery and onion.
On July 27, 1934, the Wurm Bros. Co., Chicago, Ill., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be released to the claimant upon payment of costs 
and the execution of a bond in the sum of $300, conditioned that it be relabeled 
under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.