17251. Misbranding of canned raspberries.    U. S. v. 8 Cases  of Canned Rasp 
berries.    Decree   of   condemnation   and   forfeiture.     Product   re- 
leased under bond.     (F. & D. No. 24694.    I. S. No. 015761.    S. No. 3012.)
On March 28, 1930, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
Distr'ct Court of the United States for said district a libel praying seizure and 
condemnation of 8 cases of canned raspberries, remaining in the original unbroken 
packages at Allentown, Pa., shipped by the W. N. Clark Co., Rochester, N. Y., 
alleging that the article had been shipped froon Rochester, N. Y., on or about 
October 12, 1929, 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: " W. N. Clark Co., * * * 
Cuthbert Red Raspberries, Contents 7 lbs. 8 oz., Fancy Quality."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the can labels, " Contents 7 lbs. 8 oz.," was false and misleading and 
deceived and misled the purchaser, since the said cans contained a less amount. 
Misbranding was alleged for the further reason that the article was food in 
package form and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the packages, since the statement made was not 
correct.
On April 19, 1930, the W. N. Clark Co., Rochester, N. Y., having appeared as 
claimant for the property, judgment of condemnation and forfeiture was en- 
tered, and it was ordered by the court that the product be released to the said 
claimant upon payment of costs and the execution of a bond in the sum of $100, 
conditioned in part that it be relabeled under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.