16349. Adulteration  and  Misbranding of  sweet  piclcles   and   sweet   relish.
U. S. v. 9 Cases of Sweet Pickles, et al. Default decree of con- 
demnation, forfeiture, and destruction. (F. &, D. No. 22855. I. S. 
Nos. 26276-x, 26278-x.    S. No. 911.)
On July 6, 1928, the United States attorney for the Eastern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure 
and condemnation of 9 cases of sweet pickles and 5 cases of sweet relish 
at West Frankfort, Ill., alleging that the articles had been shipped by 
Limerick's Wholesale Grocery from St. Louis, Mo., on or about June 7, 1928, 
and transported from the State of Missouri into the State of Illinois, and 
charging adulteration and misbranding in violation of the food and drugs act. 
The articles were labeled in part, respectively: " Top Notch Brand Sweet 
Pickles 7 Oz. Avoir. Packed by L. Maull Co. Food Products St. Louis, Mo.;" 
" Somore Brand * * * Sweet Relish * * * Packed by L. Maull Co. 
Food Products  St. Louis,  Mo."
It was alleged in the libel that the articles were adulterated in that a sub- 
stance, saccharin, mixed in a manner whereby damage or inferiority was con- 
cealed, had been substituted wholly or in part for the articles, and had been 
mixed and packed therewith so as to reduce, lower, or injuriously affect their
quality or strength.. Adulteration was alleged for the further reason that the 
articles contained an added poisonous or other, deleterious ingredient, sac- 
charin, which might have rendered them injurious to.health.
Misbranding of the said sweet pickles was alleged for the reason that the 
statement on the bottles, " 7 Oz. Avoir," was false and misleading and de- 
ceived and misled the purchaser when applied to a product containing less 
than   such  quantity.
On May 6, 1929, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the products be destroyed by the United States marshal.
ARTHUR M. HTDE, Secretary of Agriculture.