6578. Misbranding of mushroom soup mix.    U. S; v. 4 Cases of Mushroom Soup
Mix.    Default decree  of condemnation and destruction.     (F.  D.  C.  No.
11846.    Sample No; 65245-F.)
LIBEL FILED :    February 21, 1944, District of Montana.
ALLEGED SHIPMENT: On or about August 5, 1943, by R. W. Griswold, from 
Ashtabula, Ohio. 
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PRODUCT: 4 cases, each containing 12 cartons of 12 i-ounce packages, of mush- 
room soup mix at' Butte, Mont.
LABEL IN PART: (Package) "Griswold's Cream of Mushroom" Soup contains 
mushrooms, derivatives of cereal, and milk."
BUTTONS CHARGED : Misbranding, Section 402 (a), the name "Cream of Mush- 
room Soup" was misleading as applied to the mixture, which consisted of corn 
starch,-oat flour, wheat starch, soya bean'flour, skim milk powder, and mush- 
room tissues; and the word "milk" in-the statement of ingredients on the 
package label was misleading as applied to the article, which contained skim 
milk powder; Section 403 (d), the container was so filled as to be misleading 
since, the soup mix occupied only about 37 percent of the volume of the package; 
and, Section 403 (i) (2), the article was fabricated from two or more ingredi- 
ents and its label failed to bear the common or usual name of each such 
ingredient since "Derivatives of cereal" is not the common or usual name for 
corn starch, oat flour, wheat starch, or soya bean flour.
DISPOSITION: January 27, 1944. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered destroyed.