13828. Adulteration of Mexican style bKans. U. S. v. 3,005 Cases * * *. 
Product ordered condemned and released for export. Government's 
objection to export overruled. Product ultimately delivered to chari- 
table institutions.   (F. D. C. No. 23762.   Sample No. 20904-K.)
JUIBEL FILED :    September 18, 1947, District of Kansas.
ALLEGED SHIPMENT : On or about February 14,1947, by Stokely-Van Camp, Inc., 
from Indianapolis, Ind.
PRODUCT:   3,005 cases, each containing 24   1-pound, 4-ounce cans, of Mexican
style beans at Salina, Kans. 
LABEL IN PART :   "Van Camp's Mexican Style Beans in Chili Gravy." 
NATURE OF CHARGE:   Adulteration, Section 402 (a)   (1), the product contained
burrs, an added deleterious substance, which may have rendered the product
injurious to health.
DISPOSITION : November 10, 1947. Stokely-Van Camp, Inc., claimant, having 
consented to the entry of a decree, judgment of condemnation was entered 
and the product was ordered released under bond to be exported to Belgium. 
The Government objected to this disposition of the seized goods on the ground 
that to release the goods for export would not bring the article into compliance 
with the provisions of the law, which objection the court overruled. On Janu- 
ary 13, 1948, on motion of the claimant, an amended decree was entered, per- 
mitting export of the product to Italy. On February 25, 1948, the Government 
moved to set aside the provisions of the decree, permitting the shipment of the 
product to foreign countries, and for the entry of an order of destruction on 
the grounds that the product was not safe for human consumption, which 
motion on that date was overruled. On November 18, 1948, on motion of the 
claimant, an order was entered directing the marshal to repossess the goods. 
The court made its finding that the product was edible food and ordered it 
delivered to charitable and public institutions.