Montana labor news., 1944-02-24

NOTICE OF SEIZURE. In the District Court
Of the United States District Of Montana
Butte Division. United States Of America,
Libelant, v. 4 cases, more or less, each con-
tanning y cartons of u one-ounce packages
of an article labeled IN part. "Griswolds
Cream Of Mushroom Soup Net Weight / or
Griswolds Cream Of Mushroom Soup contains
Mushrooms. Derivatives of Cereal. and Mix.
together with the contents Of each and all Of
said cases. Libelees. Notice is hereby given
that a libel Of information for condemnation
has been filed by the above named libelant
in the above entitled Court and cause; That
by order Of Court there has been seized on
land at Butte. in the county OF Silver Bow,
and within the state and district Of Mon
tana, the following described articles which
may be used as food, to-Wit. 4 cases, more or
ounce packages of an article labeled in part.
"GrisWolds Cream Of Mushroom Soup Net
Weight / oz.-Grisw0lds Cream Of Mushroom
Soup contains Mushrooms, Derivatives of
Cereal, and Mix; That said libelant prays
in said libel Of information for condemnation
that the above described property be con-
demned and forfeited to the United States Of
America upon the following grounds: That at
all times herein mentioned, the lbelant was.
and now is q sovereign power, and that the
above entitled court has Jurisdiction for the
reason that the United States is the party
libelant and said cause is brought under the
Federal Food, Drug and Cosmetic Act of the
United States Of America, dated June rs,
1888. That on or about the 5th day Of
August, 1913, r. W. GrisWold OF Ashtabula,
Ohio, shipped from Ashtabula, Ohio, in inter-
state and transported on land, by
way of the Railway Express Agency, to Butte.
in the county OF Silver Bow, in the state and
district Of Montana, and within the iurisdic-
ton OF this Court, the above described articles.
which may be used as a food; that said
articles of food are now in the same condi-
ton in which they we're when shipped from
Ashtabula. Ohio, to Butte, Montana, as afore-
said, and have always remained, since said
shipment. in the same condition in which
they now are; that said articles of good, hav-
ing been so shipped and transported as afore-
said, remain unsold and in original unbroken
packages and are now in the possession Of
the Ryan-Butte Company at Butte, Montana,
and within the Jurisdiction OF this court, and
are liable to be proceeded against in the above
entitled court, and seized for confiscation by
process of libel Of for condem-
nation; that said articles Of food are intended
for sale in the state and district of Montana;
that said articles Of food are misbranded
within the meaning Of Section 343tal, Title
81, u. S. c., in that the name Cream Of
Mushroom Soup is misleading as applied to
a mixture consisting Of corastarch. oat flour,
wheat starch, sOya bean flour, skim milk
powder and mushroom tissues and that the
word milk" in the statement Of ingredients
on the package label is misleading as applied
to an article containing skim milk powder,
and is further m~isbranded within the mean
ing Of Section 343tdl, Title 81. U. S. c., in
that its container is so filled as to be mis-
leading since the soup mix occupies ONLY
about. 81 per cent Of the volume of the pack
age; and is further misbranded within the
meaning Of Section 343 IL ~, Title 81. U.
S. c., in that said article is fabricated from
two or more ingredients and its label fails
to bear the common or usual name OF each
such ingredient since derivatives of cereal
is not the common or usual name for CORN
starch. oat flour, wheat starch, or soya bean
flour: all of which is contrary to the form,
force and effect Of the statute in such case