8558. Adulteration of popcorn. V. S. v. 249 Cases of Popcorn (and 1 other seizure 
action against popcorn). Consent decree of condemnation. Portion of 
product   ordered   destroyed;   remainder   ordered   released   under   bond.
(F.   D.   C.   Nos.   16168,   16746.     Sample   Nos.   10093-H,   10094-H,   18025-H, 
18026-H.)
LIBELS FILED:    May 23 and June 27, 1945, Northern District of Illinois and
Middle District of Pennsylvania. 
>
ALLEGED SHIPMENT :    Between the approximate dates of February 9 and March
13, 1945, by the Hart and Howell Co., from Brooklyn, Mich.
PRODUCT: 249 cases, each containing 24 • cans, of popcorn at Altoona, Pa.; and 
522 cases, each containing 24 cartons, and 18 cases, each containing 29 cartons, 
of popcorn at Chicago. Ill.
LABEL IN PART: (Cans and cartons) "Gloria Jean Golden Mushroom Pop Corn," 
or "Corn Sure Pop."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the product consisted 
in whole or in part of a decomposed substance by reason of the presence of
*See also No. 8611.
moldy and decomposed kernels. The Chicago lot, in addition to containing 
evidence of decomposition,, consisted in whole or in part of a filthy substance 
by reason of the presence of live insects and insect-damaged kernels. 
DISPOSITION : On September 24, 1945, an order was entered in the District Court 
for the Middle District of Pennsylvania, consolidating the action instituted 
in that district with the action instituted in the Northern District of Illinois. 
On September 28, 1945, the Hart and Howell Co., claimant, having admitted 
the facts alleged in the libels, judgment of condemnation was entered and it 
was ordered that portions of the product be destroyed and that the remainder 
be released under bond to be salvaged and reprocessed under the supervision of 
the Food and Drug Administration.