18825. Misbranding of canned grapefruit juice. XT. S. v. 293 Cases of 
Canned Grapefruit Juice. Decree of condemnation and forfei- 
ture. Product released under bond. (F. & D. No. 26348. I. S. No. 
28499.    S. No. 4681.)
Samples of canned grapefruit juice from the shipment herein described hav- 
ing been found short of the declared volume, the Secretary of Agriculture 
reported the matter to the United States attorney for the District of 
Massachusetts.
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 293 cases of canned grapefruit juice, remaining in the original unbroken 
packages at Boston, Mass., alleging that the article had been shipped by the 
Dilpako Packing & Canning Co., from Clearwater, Fla., on or about December 
-22, 1930, and had been transported from the State of Florida into the State of 
Massachusetts, and charging misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: (Can label) "Dilpako Pure 
Grapefruit Juice Slightly Sweetened Contents 11 Oz. * * * Packed by 
Dilpako Packing & Canning Company, Inc., Clearwater, Fla."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Contents 11 Oz.," was false and misleading and deceived 
and misled the purchaser; and in that it was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package, since the statement made was not correct.
On June 23, 1931, the Dilpako Packing & Canning Co., Clearwater, Fla., 
having appeared as claimant for the property and having admitted the allega- 
tions of the libel, 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 $1,000, condi- 
tioned in part that it be relabeled under the stipervision of this department and
that it should not be sold or otherwise disposed of contrary >to<>the provistons of 
the Federal food and drugs act or the laws of any State, Territory," district, or 
insular possession.   ?:. 
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. -.Li ARTHxm;M. HYDE,; Secretary of Agriculture,