21749. Adulteration and misbranding of miscellaneous foods.   U. S. v. 10,000
Cases * * *.    (F. D. C. No. 36507.    Sample No. 80454-L.)
LIBEL FILED :   April 13,1954, Eastern District of Pennsylvania.
ALLEGED SHIPMENT : From various sources outside the State of Pennsylvania, 
prior to November 1951.
PRODUCT: 10,000 cases, more or less, each containing a number of packages of 
foods, including canned applesauce, fruit cocktail, sweet corn, pineapple tid- 
bits, sweetpotatoes, jack mackerel, sardines and tomato sauce, and a number 
of 1-pound boxes of red kidney beans and green split peas at Philadelphia, Pa.
RESULTS OF INVESTIGATION : The products were involved in two fires at a Phila- 
delphia, Pa., warehouse in 1951, and had been sold to Morris Factor of Phila- 
delphia as salvage goods.
Examination showed that many cans were rusted, pinholed, and had no 
labels or illegible labels, and that the contents of many of the cans were 
decomposed or otherwise unfit for food. The dried beans and split peas were 
insect-infested, and the split peas were also moldy.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the articles consisted 
in whole or in part of decomposed substances and filthy substances, and were 
otherwise unfit for food.
Misbranding, Section 403 (e) (1) and (2), Section 403 (g) (2), and Section 
403 (i) (1) and (2), the articles, except for the dried beans and split peas, 
failed to bear proper labels as required by such sections.
The articles were adulterated and misbranded while held for sale after 
shipment in interstate commerce.
DISPOSITION: May 6, 1954. Morris Factor, claimant, having consented to the 
entry of a decree, judgment of condemnation was entered and the court 
ordered that the products be released under bond for segregation and destruc- 
tion of the unfit portions and for relabeling of the portions which were only 
misbranded, under the supervision of the Department of Health, Education, 
and Welfare. 6,343 cases of the products which actually were seized were 
examined, and 5,857 cases were found unfit and were destroyed; 486 cases were 
found to be good and were released.