17234. Adulteration and misbranding of canned spinach. U. S. v. 165 Cases 
* * * (and 23 other seizure actions). (F. D. C. Nos. 30501, 30510, 
30517 to 30519, incl., 30523, 30524, 30534 to 30536, incl., 30547, 30645, 
30646, 30654, 30657, 30658, 30665, 30669, 30676, 30708, 30763, 30764, 
30818, 30830. Sample Nos. 4832-L, 4833-L, 5258-L, 5259-L, 5269-L, 
6864-L, 7053-L, 7061-L, 7064-L, 7067-L, 9951-L to 9954-L, incl., 15052-L, 
15053-L, 15757-L, 16163-L, 16164-L, 30760-L, 30954-L, 31263-L, 31358-L, 
31493-L to 31498-L, incl., 31863-L, 31864-L, 31866-L, 32154-L to 
32157-L, incl., 32166-L, 32169-L.)
LIBELS FILED: Between February 1 and March 15, 1951, Southern District 
of Illinois, Eastern and Western Districts of Missouri, Eastern District of 
Wisconsin, Western District of Pennsylvania, Northern District of Ohio, Dis- 
trict of Nebraska, Western District of Oklahoma, District of Maine, and 
District of Massachusetts.
ALLEGED SHIPMENT : Between July 19, 1950, and January 23, 1951, by the Rus- 
sellville Canning Co., from Russellville, Ark.
PRODUCT: 5,820 cases of canned spinach at Bloomington, Quincy, and Granite 
City, Ill.; St. Louis and Kansas City, Mo.; Milwaukee, Wis.; Pittsburgh and 
Beaver Falls, Pa.; Youngstown, Ohio; Omaha, Nebr.; Enid, Okla.; Augusta, 
Waterville, and Portland, Maine; and Brighton, Mass.
A portion of the cases contained 6 cans in a 6-pound, 2-ounce size; a portion 
contained 24 cans in 1-pound, 2-ounce, and 1-pound, 11-ounee, sizes; and other 
cases contained 48 cans in a 10-ounce size.
LABEL, IN FART: (Portions) "Camel Garden [or "Red Robe," "Russellville 
Brand," "White Ribbon," "Haase's Brand Early Garden," "Like Fresh Brand 
Topmost," "Topmost Brand/' "American Lady Brand," "Roundy's White 
Label," "My-Te-Good Brand," "Arkoma Brand," "BrimfuU Brand," "Nation 
Wide New-Process," "G. W. Brand," "Fort Western Brand," "Nation Wide," 
or "Elm Farm"] Spinach."
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted in 
whole or in part of a filthy substance by reason of the presence of worms.
Misbranding, Section 403 (e) (2), the article in one of the St. Louis lots 
failed to bear a label containing an accurate statement of the quantity of the 
contents since the label statement "Contents 1 Lb. 2 Ozs." was inaccurate. 
(The article in this lot was packed in No. 10 cans holding approximately 
6 pounds and 2 ounces.)
DISPOSITION: Between February 28 and May 7, 1951. Default decrees of 
condemnation. The courts ordered that certain lots of the product be delivered 
to public institutions, for use as animal feed, and that the other lots be 
destroyed.