1295. Adulteration and misbranding of canned bKans.    TJ. S. v. 40 Cases and 49
Cases of BKans.    Default decree of condemnation and destruction.     (F.
D. C. Nos. 2603, 2819.    Sample Nos. 26411-E, 26946-E.)
This product was represented to consist of beans with pork and tomato sauce 
or tomato puree; whereas it contained no tomato sauce or puree and little or 
no pork.    Some of the cans in one shipment contained excessive liquid.
On August 26 and September 17, 1940, the United States attorney for the Dis- 
trict of Oregon filed libels against 40 cases of canned beans at Grants Pass, 
Oreg., and 49 cases at Eugene, Oreg., alleging that the article had been shipped 
in interstate commerce on or about July 29 and August 7, 1940, by Northwest 
Food Products, Inc., from Seattle, Wash.; and charging that it was adulterated 
and misbranded. The article was labeled in part: (Cans) "Aunt Mandy's Brand 
Beans with Pork and Tomato Sauce [or "Beans with Pork and Sauce Con- 
tains   *   *    *   Tomato Puree"].
Adulteration was alleged in that a product consisting of beans with a con- 
siderable amount of added fluid in one of the shipments and containing no 
tomato sauce and little or no pork had been substituted for beans with pork 
and tomato sauce.
The article was alleged to be misbranded in that the statement "Beans with 
Pork and Tomato Sauce" with respect to portions of the article and the state- 
ment "Beans with pork * * * contains tomato puree" with respect to the 
remainder, and the vignette showing a substantial amount of pork and no free 
liquid on the labeling of portions of the article, were false and misleading as 
applied to an article containing no tomato sauce or tomato puree, little or no 
pork, and containing a considerable amount of free liquid packing medium in 
some of the Kans.
On October 9 and November 28, 1940, no claimant having appeared, judgments 
of condemnation were entered and the product was ordered destroyed or deliv- 
ered to charitable institutions.