18164. Adulteration and Misbranding of canned pimientos. U. S. v. 234 
Cases of Gulf Klst Pimientos. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 25234. I. S. No. 6785. S. No. 
3524.)
Examination of canned pimientos from the shipment herein described having 
shown that it contained decomposed material, and that it was falsely branded 
as to the name of the packer and State in which produced, the Secretary of 
Agriculture reported the matter to the United States attorney for the Southern 
District of Mississippi.
On or about January 15, 1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure and 
condemnation of 203 cases (subsequently amended to cover 234 cases) of Gulf 
Kist pimientos, remaining in the original unbroken packages at Bucatunna, 
Miss,, alleging that the article had been shipped by HoUoway & Bankston, from 
Meansville, Ga., on or about September 12,1930, and had been transported from 
the State of Georgia into the State of Mississippi, and charging adulteration 
and misbranding in violation of the food and drugs act. The article was labeled 
in part: " Gulf Kist Brand Pimientos * * * Packed by Dorgan McPhillips 
Corp., Mobile, Ala."
It was alleged in the libel that the article was adulterated in that it consisted 
in part of a filthy, decomposed, and putrid vegetable substance, rendering it 
unfit for consumption as a food.
Misbranding was alleged for the reason that the statement on the jar label, 
"Packed by Dorgan McPhillips Corp., Mobile, Ala.," was false and misleading 
and deceived the purchaser.
On March 25, 1931, a decree was entered ordering that the libel be amended 
to cover 234 cases of the product seized, and that the product be condemned 
and destroyed.
AETHTTE M. HYDE, Secretary of Agriculture.