NOTICE  OF JUDGMENT  NO. 2177.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING  OF  CANNED  BJGANS.
On January 23, 1912, the United States Attorney for the District 
of Kansas, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel for 
the seizure and condemnation of 50 cases, each containing 24 cans of 
beans, remaining unsold in the original unbroken packages and in 
possession of the Aylesbury Mercantile Co., Wichita, Kans., alleging 
that the product had been shipped on or about October 6, 1911, by 
the United States Canning Co. (W. H. Sterling and A. R. Moore, 
receivers), Fredonia, N. Y., and transported from the State of New 
York into the State of Kansas, and charging misbranding in viola- 
tion of the Food and Drugs Act. The product was labeled: (On 
cases) "Amerco Brand Soaked Lima BKans." (On cans). "Amerco 
Brand Lima Beans Packed for the Aylesbury Mercantile Co., Wichita, 
Kansas. This brand is a guarantee of high quality goods. Amerco 
Brand Lima BKans. Packed for the Aylesbury Mercantile Co., Wich- 
ita, Kansas." The word "soaked" was stamped on the label with 
an ink similar in shade to the background of the label.
Misbranding was alleged in the libel for the reason that the product 
was labeled in such an indistinct and illegible manner as not suffi- 
ciently to forewarn the purchaser or consumer of the quality of said 
beans, in that in the device upon the label, consisting of a dish of 
lima beans, the coloring was lighter than the body or background of 
the label and directly over this light portion was indistinctly stamped 
in ink of a similar shade to that of said device the word "soaked," 
but in such an indistinct and illegible manner as to be inconspicuous 
and not of sufficient prominence to forewarn the purchaser or con- 
sumer of the quality of said beans, and the label was, as a whole, 
deceptive and misleading.
On March 18, 1912, the said Aylesbury Mercantile Co., claimant, 
having admitted the allegations in the libel, the court found in favor 
of the United States.    It was further ordered that the product should
74441°—No. 2177—13
be released and delivered to said claimant upon payment of the costs 
of the proceeding and the execution of bond in the sum of $500 in 
conformity with section 10 of the Act.
W. M. HATS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, January 6, 1913.
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