21837. Adulteration and misbranding of canned mushrooms.    U. S. v. Ken- 
nett Square Mushroom Co., Inc.     Plea of guilty.     Fine, $75.     F. &
D. no.  30331.    Sample nos. 9535-A, 9536-A, 10933-A.)
This case was based on interstate shipments of a product which was repre- 
sented to be canned whole mushrooms but which was found to contain a 
greater proportion of stems than is normal to whole mushrooms.
On November 24, 1933, the United States attorney for the Eastern District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against the Kennett Square Mushroom Co., 
Inc., West Chester, Pa., alleging shipment by said company in violation of the 
Food and Drugs Act, on or about February 16 and February 22, 1932, from the 
State of Pennsylvania into the State of New York, and on or about April 16, 
1932, from the State of Pennsylvania into the State of Massachusetts, of 
quantities of canned mushrooms that were adulterated and misbranded. The 
article was labeled in part: "Kennett Cultivated Mushrooms Hotels Kennett 
Canning Co., Kennett Square, Pa."
It was alleged in the information that the article was adulterated in that a 
substance, pieces of mushroom stems in excess of the natural and normal pro- 
portion of stems contained in a product made from complete units of whole 
mushrooms, had been substituted in part for the article.
Misbranding was alleged for the reason that the statement, " Mushrooms ", 
and the design of whole mushrooms, borne on the label, were false and mis- 
leading and for the further reason that the article was labeled as aforesaid so 
as to deceive and mislead the purchaser, in that they represented that the 
article was a product made from whole mushrooms containing the normal 
proportion of stems and caps, whereas it contained excessive stems.
On December 11, 1933, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $75.
M. L. WILSON, Acting Secretary of Agriculture.