3 0317.  Misbranding of grape jam.     TJ. St;     *     *      *     v. 9 Cases     *      *      *     of?
Grape Jain.     Decree ordering release of the product nnder bond.
(F. & D. No. 15662.    I. S. No. 15002-t.     S. No. E-3780.)
On February 15, 1922, the United States attorney for the Western District of?
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel for the seizure and?
condemnation of 9 cases of grape jam, at Pittsburgh, Pa., alleging that the?
article had been shipped by Schiihle's Pure Grape Juice Co., Inc., Highland,?
N. Y., on or about November 28, 1921, and transported from the State of New?
York into the State of Pennsylvania, and charging misbranding in violation of?
the Food and Drugs Act, as amended. The article was labeled in part:?
" Schiihle's * * * Grape Jam * * * Net Weight 1 Pound * * *?
Schiihle's Pure Grape Juice Co., Inc.    Highland, Ulster Co.    N. Y."
Misbranding of the article was alleged in substance in the libel for the reason?
that the statement " Net Weight 1 Pound," appearing in the labeling of the said?
article, was false and misleading and deceived and misled the purchaser in that?
the said article was short weight. Misbranding was alleged for the further?
reason that the article was food in package form, and the quantity of the con??
tents was not plainly and conspicuously marked on the outside of the package.
On March 13, 1922, Schiihle's Pure Grape Juice Co., Inc., having entered an?
appearance as claimant for the property and having filed a bond in the sum?
of $500, in conformity with section 10 of the act, conditioned in part that all?
false and misleading statements be removed from the labeling of the article,?
and that it be sold only in compliance with the provisions of the said Food and?
Drugs Act, judgment of the court was entered ordering that the product be re??
leased to the said claimant upon payment of the costs of the proceedings.
C. W. PUGSUEY, Acting Secretary of Agriculture.