9793. Adulteration and misbranding of kidney bKans. U. S. * * * v. 
59 Cases and 260 Cases * * * of Kidney BKans. Consent de- 
crees of condemnation and forfeiture. Product released nnder 
bond. (F. & D. Nos. 11943, 11942. I. S. Nos. 8245-r, 8198-r. S. Nos, 
C-1729, C-1719.)
On February 16, 1920, the United States attorney for the Northern District 
of Illinois, acting upon reports by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district libels for the seizure and con- 
demnation of 59 cases and 260 cases, more or less, each containing 24 cans, of 
kidney beans, remaining unsold in the original unbroken packages at Chicago, 
111., alleging that the article had been shipped by the Marshall Canning Co., 
Marshalltown, Iowa, October 9 and November 26, 1919, respectively, and trans- 
ported from the State of Iowa into the State of Illinois, and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act.
Adulteration of the article was alleged in substance in the libels for the 
reason that red cranberry beans or speckled long cranberry beans, as the case 
might be, had been substituted in whole or in part for red kidney beans, and for 
the further reason that red cranberry beans or speckled long cranberry beans, 
as the case might be, had been mixed and packed with the said article so as to- 
reduce, lower, and injuriously affect its quality and strength.
Misbranding was alleged in substance for the reason that each of the cases 
and cans containing the article was labeled in part as follows, to wit, " Uncle 
William Brand Red Kidney Beans    *    *    * " or " Witch Brand Red Kidney
Beans *. '* *," which statements were false and misled and deceived the pur- 
chaser in that they represented that the said article was red kidney beans, 
whereas, in truth and in fact, the said cases and cans contained another article, 
to wit, red cranberry beans or speckled long cranberry beans, as the case might be. 
Misbranding was alleged for the further reason that the article was an imita- 
tion of, and was sold under the distinctive name of, another article, to wit, red 
kidney bKans.
On August 11, 1921, the Marshall Canning Co., Marshalltown, Iowa, claimant, 
having admitted all the material allegations of the libel and having consented 
to a decree, judgments of condemnation and forfeiture were entered, and it 
was ordered by the court that the product be released to said claimant upon 
payment of the costs of the proceedings and the execution of good and suffi- 
cient bonds, in conformity with section 10 of the act, conditioned in part that 
the product be relabeled, under the supervision of this department, as " Naga 
Uzura Kidney BKans."
C. W. PUGSLEY, Acting Secretary of Agriculture.