11406.?Misbranding of assorted jams.     V. S. v.  171 Jars of Assorted Jams.
Default   decree   of  condemnation,  forfeiture,  and   sale.      (P.  & D.
No. 16872.    I. S. Nos. 1330-v, 1331-v, 1332-v, 1333-v.    S. No. R-4195.)
On October 17, 1922, the United States attorney for the Eastern District of?
Virginia, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying the seizure?
and condemnation of 171 jars of assorted jams, ? remaining unsold in the?
original packages at Norfolk, Va., alleging that the article had been shipped?
by the S. J. Van Lill Co., Baltimore, Md., on or about August 2, 1922, and?
transported from the State of Maryland into the State of Virginia, and charg??
ing misbranding in violation of the Food and Drugs Act, as amended. The?
article was labeled in part:  " Table Delicacies Pure Fruit Jam Blackberry-
214	
BUREAU' OF  CHEMISTRY.	
[Supplement 159,
Apple"   (or "Pineapple-Apple,"  "Peach-Apple," or "Damson-Apple")   "Con??
tents 12 Ozs.   Prepared By S. J. Van Lill Co., Baltimore, Md."
Misbranding of the article was alleged in the libel for the' reason that the?
statement appearing on the label of the jars containing the said article, to wit,?
" Contents 12 Ozs.," was false and misleading and deceived and misled the?
purchaser in that the contents of the said jars was less than 12 ounces. Mis??
branding was alleged for the further reason that the article was food in pack??
age form, and the quantity of the contents was not plainly and conspicuously?
marked on the outside of the package since the statement, to wit, " Contents?
12 Ozs.," was incorrect.
On March 9, 1923, no claimant having appeared for the property, judgment?
of condemnation and forfeiture was entered, and it was ordered by the court?
that the product he sold by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.