28429. Adulteration and misbranding of Brazil nuts.    U. S. v. 9 Bags of Brazil
Nuts.    Decree of condemnation.    Product released under bond for re- 
labeling and reconditioning.     (F. & D. No. 40910.    Sample No. 58595-C.)
Examination of this product showed the presence of moldy and rancid nuts, 
and the bags failed to bear a statement of the quantity of contents.
On November 23, 1937, the United States attorney for the Eastern District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of nine bags of 
Brazil nuts at Reading, Pa., alleging that the article had been shipped in inter- 
state commerce on or about October 5, 1937, by General Foods Corporation, 
from Hoboken, N. J., and charging adulteration and misbranding in violation of 
the Food and Drugs Act as amended. The article was labeled in part: "King 
Cole writes Jumbo Brazil nuts Packed by Baker-Bennett-Day Inc. Div. of 
General Foods Corp. New York." 
'
The article was alleged to be adulterated in that it consisted in whole or in 
part of a decomposed and putrid vegetable substance.
Misbranding was alleged in that the article was food in package form and 
the quantity of the contents was not plainly and conspicuously marked on the- 
outside of the package.
On December 2, 1937, General Food Sales Co., Inc., having appeared as claim- 
ant, judgment of condemnation was entered, and the product was ordered re- 
leased under bond to be relabeled and reconditioned under the supervision of 
this Department.
HARRY L. BROWN, Acting Secretary of Agriculture. 
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