10387. Misbranding of grape jam.     TJ. S.     *     *     *     v. 30 Cases, 8 Cases, and
75 Cases * * * of Grape Jam. Decrees of condemnation and 
forfeiture. Product released under bond. (F. & D. Nos. 15661, 
15981, 15982. I. S. Nos. 5511-t, 6729-t, 5512-t. S. Nos. E-3770, E-3778, 
E-3779.)
On February 13 and 16, 1922, respectively, the United States attorney 
for the District of Massachusetts, acting upon a report by the Secretary of 
Agriculture, filed in the District Court of the United States for said district 
libels for the seizure and condemnation of 113 cases, each containing 2 dozen 
jars, of grape jam. remaining in the original unbroken packages at Cambridge, 
Boston, and Worcester, Mass., respectively, alleging that the article had been 
shipped by Schiihle's Pure Grape Juice Co., Inc., Highland, N. Y., on or about 
September 5. October 10, and November 30, 1921,, respectively, and transported 
from the State of New York into the State of Massachusetts, and charging mis- 
branding in violation of the Food and Drugs Act, as amended. The article was 
labeled in part: " Schiihle's Pronounced Shee'ey'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 libels for the reason 
that the statement, " Net Weight 1 Pound," borne on each of the jars containing 
the article, regarding the net weight of the contents of the said jars, was false 
and misleading in that the said statement represented that each of the said jars 
contained one pound net of the said article and for the further reason that it
was labeled as aforesaid so as to deceive and mislead the purchaser into the 
belief that each of the said jars contained one pound net of. the said article, 
whereas, in truth and in fact, each of the said jars did not contain one pound 
net of the said article, but did contain a less amount. Misbranding was alleged 
ror the further reason that the article was food in package form, and the quan- 
tity of the contents was not plainly and conspicuously marked on the outside 
of the package in that the said statement represented the contents of the said 
jars to be one pound net of the article, whereas, in truth and in fact, the said 
contents were less than one pound.
On March 22, 1922, Schiihle's Grape Juice Co., Inc., Highland, N. Y., having 
entered an appearance as claimant for the property and having filed satisfactory 
bonds, in conformity with section 10 of the act, judgments of condemnation 
were entered, and it was ordered by the court that the product might be released 
to the said claimant upon payment of the costs of the proceedings.
C. W. PUGSLEY, Acting Secretary of Agriculture.