17707. Misbranding of grape juice.     V. S. v. 4% Cases of Grape Juice.     De 
fault decree of condemnation and destruction.     (F. & D. No. 24941. 
I. S. No. 2361.    S. No. 3292.)
Sample bottles of grape juice from the herein described interstate shipment 
having been found short of the volume declared on the labels, the Secretary 
of Agriculture reported the matter to the United States attorney for the 
District of Connecticut.
On August 5, 1930, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 4% cases of grape juice, remaining in the original unbroken pack- 
ages at Hartford, Conn., alleging that the article had been shipped by the 
Burdett Fruit Products Corporation from Burdett, N. Y., on or about June 20, 
1930, and had been transported from the State of New York into the State of 
Connecticut, and charging misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: " Seneca Lake Brand-Unfermented 
Grape Juice-Contents 1 pint-Distributed by Burdett Fruit Products Corp. 
Burdett, N. Y."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the labeling, " Contents 1 pint," 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 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 October 2, 1930, no claimant having appeared for the property, judgment 
of condemnation was entered, and it was ordered by the court that the product 
be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.