18615. Misbranding of   canned    grapefruit   jnlce.    V.   S.    v.   54%    Cases   of
Canned Grapefruit Jnlce. Decree of condemnation and forfei- 
ture. Product released nnder bond. (F. & D. No. 26351. I. S. No. 
29908.    S. No. 4682.)
A sample of canned grapefruit juice from the shipment herein described 
having been found short of the declared volume, the Secretary of Agriculture 
reported the matter to the United States attorney for the Eastern District of 
Pennsylvania.
On May 12, 1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 54% cases, each containing 2 dozen cans of grapefruit juice, remaining 
in the original unbroken packages at Philadelphia, Pa., consigned by the Florida 
Fruit Packing Corporation, Jacksonville, Fla., alleging that the article had been 
shipped from Jacksonville, Fla., on or about April 13, 1931, and had been trans- 
ported from the State of Florida into the State of Pennsylvania, and charging 
misbranding in violation of the food and drugs act as amended. The article 
was labeled in part: (Can) "Royal Poinciana Brand Florida Grapefruit Juice 
Contents 1 Pt. 4 Fl. Oz.   Florida Fruit Packing Corporation."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Contents 1 Pt. 4 Fl. Oz.," was false and misleading; and 
for the further reason that the article was food in package form and the quan- 
tity of the contents was not plainly and conspicuously marked on the outside 
of the package, since the statement made was not correct.
On June 2, 1931, the Florida Fruit Packing Corporation, Jacksonville, Fla., 
having appeared as claimant for the property, 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 $200, conditioned in part that it be relabeled under the 
supervision of this department.
ABTHUB M. HYDE, Secretary of Agriculture.