18239. Adulteration and Misbranding of canned oransre juice.    U. S. v. 300
Cases of Canned Orange Juice. Consent decree of condemnation 
and forfeiture. Product released under bond. (F. & D. No. 26155. 
I. S. No. 22077.    S. No. 4463.)
Samples of canned orange juice from the shipment herein described having 
been found to contain added sugar, and to be short of the volume declared on the 
can label, the Secretary of Agriculture reported the matter to the United States 
attorney for the Northern District of California.
On March 31, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 300 cases of the said canned orange juice, remaining in the 
original unbroken packages at San Francisco, Calif., alleging that the article 
had been shipped by the Orlando Canning Co. (Inc.), from Orlando, Fla., on 
or about February 20, 1931, and had been transported from the State of Florida 
into the State of California, and charging adulteration and misbranding in vio- 
lation of the food and drugs act as amended. The article was labeled in part: 
(Cases and cans) "Heart of Florida Brand Pure Florida Orange Juice, Con- 
tents 10% Fl. Oz. or 297 Grams * * * Packed by Orlando Canning Co., Inc., 
Orlando, Florida."
It was alleged in the libel that the article was adulterated in that orange 
juice with added sugar had been substituted for the said article.
Misbranding was alleged for the reason that the statements on the case 
and can labels, " Orange Juice " and " Contents 10% Fl. Oz.," were false and 
misleading, and deceived and misled the purchaser when applied to an article 
containing added sugar and which was short of the volume declared. Mis- 
branding 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 cor- 
rect; and for the further reason that it was offered for sale under the dis- 
tinctive name of another article.
On April 29, 1931, William J. Boradori, San Francisco, Calif., having filed an 
appearance as agent for the Orlando Canning Co. (Inc.), Orlando, Fla., claimant, 
and said 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 costs and the execution of a bond in the sum of $750, 
conditioned in part that it be made to conform to the Federal food and 
drugs act, under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.