18289. Adulteration and Misbranding of canned grapefruit juice. U. S. v. 
397 Cases of Canned Grapefruit Juice, et al. Consent decrees of 
condemnation    and    forfeiture.    Product    released    under    bond.
(F. & D. Nos. 25964, 26041.    I.  S. Nos. 21958, 21997, 21998.    S. Nos. 4221, 
4336.)
Examination of samples of canned grapefruit juice from the shipments, 
herein described having shown that the article contained added sugar, and 
that the cans contained less than the volume declared on the labels, the 
Secretary of Agriculture reported the matter to the United States attorney 
for the Northern District of California.
On February 27, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel, and on March 10, 1931, 
an amended libel, praying seizure and condemnation of 397 cases of canned 
grapefruit juice. On March 18, 1931, libel proceedings were instituted by the 
United States attorney against an additional 402 cases of the same product. 
The libels alleged that the article had been shipped by the Orlando Canning 
Co. (Inc.), of Orlando, Fla., in part from Jacksonville, Fla., on or about 
January 21, 1931, and in part from Orlando, Fla., on or about January 29,
1931, that said shipments had been made in interstate commerce from the 
State of Florida into the State of California, that it remained in the original 
unbroken packages at San Francisco, Calif., and that it was adulterated and 
misbranded in violation of the food and drugs act as amended. The article 
was labeled in part: (Can) "Heart of Florida Brand Juice Fancy Florida 
Grapefruit." The cans were of two different sizes further labeled, on a 
portion, " Contents 11 Fluid Oz. or 312 Grams," and on the remainder, " Con- 
tents 20 Fluid Oz. or 567 Grams."
Adulteration was alleged in the amended libel filed with respect to a portion 
of the article, for the reason that sugar had been substituted in part for 
the article, and in the libel filed with respect to the remainder, for the reason 
that a substance, sweetened grapefruit juice, had been substituted partly for 
the article.
It was further alleged in the libels that the article was misbranded in that 
the statements, "Grapefruit Juice" or "Juice * * * Grapefruit," were 
false and misleading and deceived and misled the purchaser when applied to 
sweetened grapefruit juice. Misbranding was alleged with respect to the 
product contained in a portion of the large-sized cans for the reason that the 
statements, "Contents 20 Fluid Oz. ox 567 Grams," were false and misleading 
and deceived and misled purchasers. Misbranding was alleged with respect 
to all lots of the product 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 package, since the quantity stated was not 
correct.
On April 1, 1931, William J. Boradori, San Francisco, Calif., claimant, having 
admitted the allegations of the libels and having consented to the entry of 
decrees, judgments of condemnation and forfeiture were 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 bonds totaling $2,000, conditioned 
in part that it be not sold or otherwise disposed of contrary to the provisions of 
the Federal food and drugs act or other existing laws.
ARTHUR M. HYDE, Secretary of Agriculture.