9636. Adulteration and misbranding of poppy seeds.    U.  S.     *     *    *     v. *
Sacks * * * of Poppy Seeds. Default decree of condemnation, 
forfeiture, and destruction. (F/ &
" D. No. 12538. I. S. No. 14098-r. 
S. No. E-2055.)
On April 6, 1920, the United States attorney for the District of New Jersey, 
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 2 sacks, containing 125 pounds and 140 pounds, respectively, of poppy seeds, 
at Paterson, N. J., alleging that the article had been shipped by Henry Ettinger, 
New York, N. Y., on or about January 28, 1920, and transported from the State 
of New York into the State of New Jersey, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act. The article was sold as blue 
poppy seed.
Adulteration of the article was alleged in the libel for the reason that 
artificially colored white poppy seeds had been substituted wholly or in part 
for the said article, and for the further reason that it was colored in a manner 
whereby inferiority was concealed.
Misbranding of the article was alleged for the reason that it was an imitation 
of another article.
On October 1, 1920, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Actinff Secretary of Agriculture.