18860. Adulteration and Misbranding of canned grapefruit juice.    U. S. v.
130 Cases, et al., of Canned Grapefruit Juice. Consent decree pro- 
viding: for release of the product under bond. (F. & D. Nos. 26886, 
26887, 26890.    I. S. No. 21426.    S. No. 5072.)
Examination of samples of canned grapefruit juice from the shipment herein 
described having shown that the article contained undeclared added sugar and 
that the cans were short of the declared volume, the Secretary of Agriculture 
reported the matter to the United States attorney for the Southern District of 
California.
On August, 24, 1931, the United States attorney filed in the District Court of 
-the United States for the district aforesaid libels praying seizure and condem- 
nation of 370 cases of canned grapefruit juice, remaining in the original un- 
broken packages at Los Angeles, Calif., alleging that the article had been shipped 
by the Nassau Packing Co., from Jacksonville, Fla., on or about July 15, 1931, 
.and had been transported from the State of Florida into the State of Cali- 
fornia, and charging adulteration and misbranding in violation of the food and 
drugs act as amended. The article was labeled in part: (Can) "Florida Chief 
Brand Grapefruit Juice Contents 1 pt. 2 fl. oz. Packed by the Grapefruit Pack- 
ing Co. S. C. Goflin, Jacksonville, Florida."
It was alleged in the libels that the article was adulterated in that an unde- 
clared added substance, to wit, sugar, had been substituted in part for the said 
article.
Misbranding was alleged for the reason that the statements, " Grapefruit 
Juice " and " Contents 1 pt. 2 fl. oz.," borne on the label, were false and mis- 
leading and deceived and misled the purchaser. Misbranding 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 food in package 
form and failed to bear a plain and conspicuous statement of the quantity of 
contents, since the quantity stated was incorrect.
On September 18, 1931, George G. Hamilton and Charles A. Rausher, jr., 
trading as Hamilton & Rausher, Los Angeles, Calif., claimants, having admitted 
the allegations of the libels and having consented to the entry of a decree, and 
the cases having been consolidated into one cause of action, judgment was 
entered ordering that the product be released to the said claimant under bond 
in the amount of $600. On October 7, 1931, the product having been relabeled 
in manner satisfactory to this department, it was ordered by the court that the 
bond be exonerated and that the order of release be made permanent upon 
payment of all costs.
ABTHtTB M. HYDE, Secretary of Agriculture.