11234. Misbranding of canned mushrooms.   IT. S. v. 12 Cartons    *     *     *.    (F. D. C.
No. 20303.   Sample No. 8916-H.)
LIBEL FILED :    June 27,1946, Southern District of New York.
ALLEGED SHIPMENT: On or about March 6, 1946, by the Delaware Mushroom 
Cooperative Assoc, from Hockessin, Del.
PRODUCT: 12 cartons, each containing 24 16-ounce cans, of mushrooms at New 
York, N. Y. Examination showed that the product was not fancy and that 
it was short weight.
LABEL IN PART: "First State Fancy Buttons Mushrooms Drained Wt. 16 
Oz. Net. Avoir.    ["Vignette of fancy button mushrooms]."
NATURE OF CHARGE: Misbranding, Section 403 (a), the label statement "Fancy 
Buttons Mushrooms" and the vignette of fancy button mushrooms were false 
and misleading as applied to a product which was not fancy button mush- 
rooms, by reason of open veils and broken mushrooms; and, Section 403 (e) (2), 
the article failed to bear a label containing an accurate statement of the 
quantity of the contents.
DISPOSITION : July 31, 1946. No claimant having appeared, judgment of con- 
demnation was entered. A portion of the product was ordered delivered to 
the Federal Security Agency, and the remainder was ordered delivered to 
charitable institutions.