11100. Adulteration and misbranding of kidney beans. U, S. v. 59 Cases?
of Kidney Beans. Default decree ordering destruction of the?
product. (P. & D. Nos. 12192, 12193, 1219(4, 12195. I. S. Nos. 17460-r,?
17461-r, 17462^r,  17463-r, 17464-r.    S. No. B-1988.)
During the month of February, 1920, the United States attorney for the?
Northern District of West Virginia, 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 59 cases of kidney beans, remaining?
unsold in the original packages at Wheeling, W. Va., alleging that the article?
had been shipped by the Marshall Canning Co., Marshalltown, Iowa, on or?
about December 15, 1919, and transported from the State of Iowa into, the State?
of West Virginia, and charging adulteration and misbranding in violation of?
the Food and Drugs Act. The article was labeled in part: " Uncle William?
Brand Red Kidney Beans * * * Packed by Marshall Canning Co. Mar??
shalltown, Iowa, U. S. A."
Adulteration of the article was alleged in the libel for the reason that long?
cranberry beans had been mixed and packed with and substituted wholly or in?
part for the said article.
Misbranding was alleged for the reason that the statement on the label,?
" Red Kidney Beans," was false and misleading and deceived and misled the?
purchaser when applied to a product consisting of long cranberry beans. Mis??
branding was alleged for the further reason that the article was an imitation?
of and sold under the distinctive name of another article.
On December 6, 1922, no claimant having appeared for the property, judgment?
of the court was entered ordering that the product be destroyed by the United?
States marshal.
C. W. PUGSLET, Acting Secretary of Agriculture.