18997.  Misbranding of   cane   sirup.    U.   S.  v.  47   Cases   of   Sirup.     Product 
ordered released under bond to be relabeled or destroyed.     (F. &
D. No. 27051.    I. S. No. 36958.    S. No. 5268.)
Sample cans of cane sirup from the shipment herein described having been 
found to contain less than the declared volume, the Secretary of Agriculture 
reported the matter to the United States attorney for the Southern District of 
Texas.
On October 10, 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 47 cases of cane sirup, remaining in the original packages at 
Houston, Tex., alleging that the article had been shipped by the New Orleans 
Coffee Co., from New Orleans, La., on or about December 31, 1930, and had 
been transported from the State of Louisiana into the State of Texas, and 
charging misbranding in violation of the food and drugs act as amended.
It was alleged in the libel that the article was misbranded in that the labels 
of the cans containing the article bore the statements, to wit, " New South 
Brand Pure Sugar Cane Syrup Packed by New Orleans Coffee Co. Ltd., New 
Orleans, La. Contains Sulphur Dioxide Net Volume 3 Qts. 8 Fl. Ozs. Net 
Weight 9 Pounds 3 Ozs.," which statements were false and misleading and 
deceived and misled the purchaser, since the weight and quantity of the article 
contained in the said cans were less than the weight and quantity declared on 
the label. 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 packages, since the volume and 
weight of the contents were less than represented.
On October 19, 1931, the New Orleans Coffee Co. (Ltd.), New Orleans, La., 
having appeared as claimant for the property, and the court having found that 
the essential allegations of the libel were true, a decree was entered ordering 
that the goods be released to the said claimant upon payment of costs and the 
execution of a bond in the sum of $300, conditioned in part that it should not 
be sold or otherwise disposed of contrary to; the provisions of the laws of the 
United States or of any State, Territory, district, or insular possession. Subse- 
quently an amendment to the decree was filed ordering that the cans of sirup 
which were short weight be segregated and relabeled or destroyed.
ARTHUR M. HYDE, Secretary of Agriculture.