17704. Misbranding of grape juice.    V. S. v. 6% Cases of Grape Juice.    De 
fault decree of condemnation, forfeiture, and destruction.     (F. &
D. No. 25205.    I. S. No. 3183.    S. No. 3486.)
Sample bottles of grape juice from the herein described interstate shipment 
having been found to contain less than 1 pint, the volume declared on the label, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the District of Massachusetts.
On October 15, 1930, the said United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure and 
condemnation of 6% cases of grape juice, remaining in the original unbroken 
packages at Springfield, Mass., alleging that the article had been shipped by 
the Burdett Fruit Products Corporation, from Burdett, N. Y., on or about 
June 23, 1930, and had been transported from the State of New York into the 
State of Massachusetts, and charging misbranding in violation of the food and 
drugs act as amended. The article was labeled in part: "Hunter Brand Un- 
fermented Grape Juice Net Measure 1 Pint Burdett Fruit Products Corporation, 
Burdett, New York."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Net Measure 1 Pint," was false and misleading. Misbrand- 
ing was alleged for the further reason that the article was in package form and 
the quantity of the contents was not plainly and conspicuously marked on the 
outside of the package, since the statement made was not correct.
On November 24, 1930, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ABTHUB M. HTDE, Secretary of Agriculture.