18721. Misbranding: and alleged Adulteration of canned grapefruit juice. 
U. S. v. 40 Cases of Canned Grapefruit Juice. Consent decree of 
condemnation    and    forfeiture.    Product    released    under    bond.
(P. & D. No. 26501.    I. S. No. 22286.    S. No. 4810.)
Examination of samples of canned grapefruit juice from the shipment herein 
described having shown that t'.e article contained undeclared added sugar, 
also that the cans contained less than the quantity of contents declared on 
the label, the Secretary of Agriculture reported the matter to the United States 
attorney for the Western District of Washington.
On June 18, 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 40 cases of canned grapefruit juice, remaining in the original 
unbroken packages at Seattle, Wash., alleging that the article had been shipped 
by the West Coast Fruit Co., Clearwater, Fla., from Tampa, 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 vio- 
lation of the food and drugs act as amended. The article was labeled in part: 
"Dixie Dainty Brand Florida Hand Peeled Grapefruit Juice Contents 11 Oz. 
Pure Grapefruit Juice * * * West Coast Fruit Co., Packers, Clearwater, 
Florida."
It was alleged in the libel that the article was adulterated in that an unde- 
clared added substance, to wit, sugar, had been substituted partly for the said 
article.
Misbranding was alleged for the reason that the statements on the label, 
"Grapefruit Juice," "Contents 11 Oz.," and "Pure Grapefruit Juice," 
were false and misleading and deceived and misled the purchaser. Misbrand- 
ing was alleged for the further reason that the article was offered for sale 
under the distinctive name of another article, and for the further reason that 
it was in package form and failed to bear a plain and conspicuous statement 
of the quantity of the contents, since the statement made was not correct.
On June 29, 1931, the Kelley-Clarke Co., 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 
said product be released to the claimant upon payment of costs and the execu- 
tion of a bond in the sum of $100, or the deposit of cash in like amount, con- 
ditioned in part that it be relabeled under the supervision of this department
ABTHTJB M. HYDE, Secretary of Agriculture.