18269. Adulteration  and  Misbranding of   canned turnip   greens.    II.   S.  v.
140 Cases, et al., of Turnip Greens.    Product released under bond.
(F. & D. No. 25400.    I. S. No. 3982.    S. No. 3663.)
Samples of canned turnip greens from the shipment herein described having 
been found to' be decomposed, and labeled with unwarranted health claims, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Western District of North Carolina.
On December 1, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 238 cases, each containing 2 dozen cans of turnip greens, 
remaining in the original unbroken packages at Asheville, N. C, alleging that 
the article had been shipped by the Pomona Products Co., from Griffin, Ga., 
on or about October 13, 1930, and had been transported from the State of 
Georgia into the State of North Carolina, and charging adulteration and mis-
branding in violation of the food and drugs act as amended. The article was 
labeled in part: " Sunshine Brand * * * Turnip Greens Packed by Pomona 
Products Co., Griffin, Ga.    *    *    *   Bat Greens to Insure Good Health."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a decomposed vegetable substance.
Misbranding was alleged for the reason that the statement on the label, 
" Eat Greens to Insure Good Health," was false and misleading. Misbranding- 
was alleged for the further reason that the statement, " Bat Greens to Insure 
Good Health," appearing on the label, regarding the curative or therapeutic 
effect of the article, was false and fraudulent, since the article contained no 
ingredient or combination of ingredients capable of producing the effect 
claimed.
On January 16, 1931, the Pomona Products Co., Griffin, Ga., having appeared 
as claimant for the property, a decree of the court was entered ordering that 
the product be delivered to the claimant upon payment of costs and the execu- 
tion of a bond in the sum of $550, conditioned in part that it should not be 
sold or otherwise disposed of contrary to the Federal food and drugs act.
AETHUE M. HYDE, Secretary of Agriculture.