10358. Misbranding of cane sirup. TJ. S. * * * v. 4 Dozen Small and 
54 Iiarg-e Cans of Cane Sirup * * *. Judgment by consent 
finding product to be mlsbranded and ordering its release under 
bond.     (F. & D. No. 16055.    I. S. Nos. 9477-t, 9478-t.     S. No. E-3784.)
On February 17, 1922, the United States attorney for the Eastern District of 
North Carolina, 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 4 dozen small cans and 54 large cans of cane sirup, 
at Raleigh, N. C, alleging that the article had been shipped by the Blackman- 
Morris Co., New Orleans, La., on or about January 7, 1922, and transported 
from the State of Louisiana into the State of North Carolina, and charging 
misbranding in violation of the Food and Drugs Act, as amended. The article 
was labeled in part: " Purity Brand Pure Louisiana Cane Syrup    *    *    *."
Misbranding of the article was alleged in substance in the libel for the 
reason that the respective statements appearing on the labels of the can- 
containing the said article, to wit, "Net Average Weight 5 Lbs. 2 Oz." (or 
"9 Lbs. 8 Oz.") "Guaranteed By Blackman-Morris Co. Under Food And 
Drugs Act, June 30th, 1906," were false and misleading and deceived and misled 
the purchaser.   Misbranding was alleged in substance for the further reason
that the article was food in package form, and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the package.
On or about March 13, 1922, the court having found the product to be mis- 
branded as alleged in the libel, and the Blackman-Morris Co., New Orleans, 
La., having paid the costs of the proceedings and executed a bond in the sum 
of $100, in conformity with section 10 of the act, judgment by consent was 
entered, and it was ordered by the court that the product be released to the 
said claimant.
C. W. PUGSLEY, Acting Secretary of Agriculture.