3339. Misbranding of canned mushrooms.    U. S. v. 98 Cases of Canned Mush¬
rooms.    Decree of condemnation.    Product ordered released under bond.
(F. D. C. No. 6673.    Sample No. 78088-E.)
This product was not of Fancy grade, as labeled, because of the presence of 
blemished pieces of mushroom.
On or about January 20, 1942, the United States attorney for the Western 
District of Missouri filed a libel against 98 cases, each containing 24 cans, of 
mushrooms at Kansas City, Mo., alleging that the article had been shipped in 
interstate commerce on or about November 15, 1941, by Indiana Mushroom 
Corporation from Niles, Mich.; and charging that it was misbranded. It was 
labeled in part: (Cans) "Contents 2 Oz. Avd. Shurfine Fancy Grade Sliced 
Button Mushrooms National Retailer-Owned Grocers, Inc. Distributors * * * 
Chicago, Ill."
The article was alleged to be misbranded in that the label statement "Fancy 
Grade" was false and misleading because of the presence of blemished pieces of 
mushroom consisting of slices with black areas or spots and dark gills.
On March 10,1942, Indiana Mushroom Corporation having appeared as claim- 
ant, judgment of condemnation was entered and the product was ordered re- 
leased under bond to be brought into compliance with the law under the super- 
vision of the Food and Drug Administration.   Subsequently it was relabeled.