1.8861. Misbranding1 of canned grapefruit jnice and canned orange Juice. 
V. S. -v. 537 Cases of Grapefruit Jnice, et al. Consent decree of 
condemnation and forfeiture. Prodnets released under bond. 
(F. & D. No. 26786.    I. S. Nos. 33891, 33895, 33896.    S. No. 4898.)
Sample cans of grapefruit juice and orange juice from the shipment herein 
described having been found to contain less than the volume declared on the 
labels, the Secretary of Agriculture reported the matter to the United States 
attorney for the Eastern District of New York.
On July 11, 1932, 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 537 cases of canned grapefruit juice and 25 cases of canned 
orange juice, remaining in the original packages at Brooklyn, N. Y., alleging 
that the articles had been shipped by Tugwell & Wiseman (Inc.), Tarpon 
Springs, Fla., on or about May 19, 1931, and had been transported from the 
State of Florida into the State of New York, and charging misbranding in 
violation of the food and drugs act as amended.
A portion of the grapefruit juice was labeled in part: (Can) "Sunbeam 
Grapefruit Juice * * * Austin Nichols & Co., Inc., Distributors, New York, 
N. Y. U. S. A. Sunbeam Pure Food Natural Grapefruit Juice Slightly Sweet- 
ened * * * Contents 10 Fl. Ozs." The remainder of the grapefruit juice 
and the orange juice were labeled in part: (Can) " Sunbeam Pure Food Nat- 
ural Grape Fruit Juice [or " Orange Juice "] Slightly Sweetened * * * Aus- 
tin, Nichols & Co., Inc., Distributors, New York, N. Y. U. S. A. Contents 1 
Quart, 1 Pint, 8 Ounces."
It was alleged in the libel that the articles were misbranded in that the 
statements on the labels, "
' Contents 10 Fl. Ozs." or " Contents 1 Quart, 1 
Pint 8 Ounces," were false and misleading and deceived and misled the pur- 
chaser when applied to articles short of the volume declared. Misbranding 
was alleged for the further reason that the article was food in package form 
and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package, since the statements made were not correct. 
Misbranding was alleged with respect to a portion of the grapefruit juice for 
the reason that the designation " Grapefruit Juice," appearing on the main 
panel of the label, was false and misleading and deceived and misled the 
purchaser when applied to grapefruit juice containing added sugar.
On July 21, 1931, Austin, Nichols &Co. (Ine.), New York, N.-Y., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, 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 $2,500, 
conditioned in part that it be relabeled under the supervision of this depart- 
ment, and that it be disposed of only in compliance with the law, State and 
Federal.
ARTHUB M. HYDE, Secreiary of Agriculture.