17510. Misbranding of biscuits.    U. S. v. 100 Doaen Packages of Biscuits.
Consent decree of condemnation and forfeiture.    Product released 
under bond.     (F. & D.No. 24731.    I. S. No. 023674.    S. No. 3084.)
Sample packages of biscuit from the herein-described interstate shipment 
having been found to contain less than 8 ounces of the product, the weight 
represented on the label, the Secretary of Agriculture reported the matter to 
the United States attorney for the District of Colorado.
On April 25, 1930, the United States attorney for the District of Colorado 
filed in the District Court of the United States for said district a libel praying 
seizure and condemnation of 100 dozen packages of biscuits, remaining in the 
original unbroken packages at Denver, Colo., consigned by the Loose-Wiles 
Biscuit Co., Kansas City, Mo., alleging that the article had been shipped from 
Kansas City, Mo., on or about April 8, 1930, and transported from the State 
of Missouri into the State of Colorado, and charging misbranding in violation 
of the food and drugs act as amended. The article was labeled in part: 
" Sunshine Salted Krispy Crackers Net Weight 8 Ozs. Loose-Wiles Biscuit 
Co. Address-New York."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, "Net Weight 8 Ozs.," was false and misleading and 
deceived and misled the purchaser. Misbranding was alleged for the further 
reason that the article was food in package form and failed to bear a plain 
and conspicuous statement of the quantity of the contents since the statement 
made was incorrect.
On May 13, 1930, the Loose-Wiles Biscuit Co., a New Jersey corporation, 
claimant, having admitted the allegations of the libel and having 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 claim- 
ant upon payment of costs and the execution of a bond in the sum of $200, 
conditioned in part that it be relabeled under the supervision of this department 
to show the correct weight of the contents of the packages.
ABTHXJB M. HYDE, Secretary of Agriculture.