12102. Misbranding' of quinces. V. S. v. TOf) Boxes of Quinces. Consent 
decree of condemnation and forfeiture. Product released under 
bond.     (F   & D. No. 17746.    I. S. No. 11867-V.     S. No.  W-1407.)
On or about August 30, 1923, the United States attorney for the District of
Colorado, 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 709 boxes of quinces, at Denver, Colo., consigned by the
Pacific Fruit Exchange, Walnut Grove,  Calif., alleging that the article had
101889-24 1 
r
>7
been shipped from Walnut Grove, Calif., on or about August 10, 1923, and 
transported from, the State of California into the State of Colorado, and 
charging misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: " Pacific Fruit Exchange Net Weight 45 Lbs. Sunnyside 
Orchard   Mrs. Sol. Runyon   Quince Vorden    Sacto Co., Cal."
Misbranding of the article was alleged in the libel for the reason that the 
statement, " Net Weight 45 libs.," labeled on the boxes, was false and mis- 
leading and deceived and misled the purchaser, since the net weight of each 
of the said boxes of quinces was less than 45 pounds.
On September 13, 1923, the California Fruit Distributors, claimant, having 
admitted the allegations of the libel and consented to the entry of a decree, 
judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that the product be released to the said claimant upon payment 
of the costs of the proceedings and the execution of a bond in the sum of 
$1,000, in conformity with section 10 of the 'act.
C. F. MARVIN, Acting Secretary of Agriculture.