3340. Misbranding of canned spinacb.    IT. S. v. 14S and 198 Cases of Spinacb.
Consent decrees of condemnation.    Product ordered released under bond 
for relabeling.    (F. D. C. Nos. 6720, 6722.    Sample Nos. 23558-Ei 23556-E.)
This product was not of Fancy quality because of the presence of yellow 
leaves, excessive stems, and various extraneous materials such as grass, weeds, 
straw, and sand or grit.
On January 16 and 17, 1942, the United States attorneys for the Eastern 
District, of Michigan and the Eastern District of New York filed libels against 
148 cases of spinach at Detroit, Mich., and 198 cases of spinach at Brooklyn, N. Y., 
alleging that the article had been shipped in interstate commerce on or about De- 
cember 19 and 27, 1941, A. M. Beebe or A. M. Beebe Co. from San Francisco, 
Calif.; and charging that it was misbranded in that the term "Fancy" was false 
and misleading as applied to an article that was not of Fancy quality. The 
article was labeled in part: (Cans) "Aunt Nellie's Fancy Spinach * * * Dis- 
tributed by C. B. Geymann, Detroit, Mich."; or "Dixie Lou Fancy Spinach * * * 
Packed for A, M. Beebe Co., San Francisco."
On February 16 and March 3, 1942, Flotill Products, Inc., Stockton, Calif., 
claimant for the lot seized at Detroit, Mich., and A. M. Beebe Co., Inc., San 
Francisco, Calif., claimant for the lot seized at Brooklyn, N. Y., having con- 
sented to the entry of decrees, judgments of condemnation were entered and 
the product was ordered released under bond for relabeling under the supervision 
of the Food and Drug Administration. 
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