18714. Misbranding and alleged Adulteration of canned grapefruit juice.
U. S. v. 249 Cases of Canned Grapefruit Juice.     Consent decree of 
condemnation and forfeiture.    Product released under bond.     (F.
& D. No. 26415.    I. S. No. 22261.    S. No. 4731.)
Samples of canned grapefruit juice from the shipment herein described hav- 
ing been found to contain added sugar, the Secretary of Agriculture reported 
the matter to the United States attorney for the Western District of Wash 
ington.
On May 25, 1931, the United States attorney filed in the District Court of th- 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 249 cases of canned grapefruit juice, remaining in the original unbroken 
packages at Seattle, Wash., alleging that the article had been shipped by the 
Florida Gold Citrus Corporation, from Winter Haven, Fla., on or about April 2, 
1931, and had been transported from the State of Florida into the State of 
Washington, and charging adulteration and misbranding in violation of the food 
and drugs act. The article was labeled in part: (Can) "Happy Home Brand 
Grapefruit Juice Highest Quality Schwabacher Brothers & Co., Inc., Seattle, 
Wash., Distributors."
It was alleged in the libel that the article was adulterated in that sugar had 
been substituted in part for the said article.
Misbranding was alleged for the reason that the statement "Grapefruit 
Juice," appearing on the label, was false and misleading and deceived and mis- 
led the purchaser when applied to grapefruit juice containing added sugar. 
Misbranding was alleged for the further reason that the article was offered for 
sale under the distinctive name of another article.
On June 20, 1931, Schwabacher Bros. & Co. (Inc.), Seattle, Wash., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment was entered finding the product misbranded and ordering 
its condemnation and forfeiture, and it was further 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 $100, conditioned in part that it be relabeled 
under the supervision of this department.
ABTHUB M. HYDE, Secretary of Agriculture.