19099. Misbranding of  canned  black  raspberries.    U.   S. v.  176   Cases  of
Black Raspberries. Consent decree of condemnation and for- 
feiture. Product released under bond. (F. & D. No. 27049. I. S. 
No. 40487.    S. No. 5282.)
Samples of canned black raspberries from the shipment herein described 
having been found to be short weight, the Secretary of Agriculture reported 
the matter to the United States attorney for the Northern District of Illinois.
On or about October 13, 1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 176 cases of canned black raspberries at Chicago, Ill., 
alleging that the article had been shipped by the Fredonia Salsina Canning 
Co. (Inc.), from Fredonia, N. Y., on or about July 20, 1931, and had been 
transported from the State of New York into the State of Illinois, 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 
statements on the can label, " Contents 6 Lbs. 10 Ozs. Sky Lark Brand Black 
Raspberries * * * Packed by Fredonia Salsina Canning Co., Inc., Fredonia, 
N. Y.," were false and misleading and deceived and misled the purchaser. 
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 conspic- 
uously marked on the outside of the package.
On December 3, 1931, the Fredonia Salsina Canning Co. (Inc.), 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 for 
relabeling, under the supervision of this department, upon payment of costs 
and the execution of a bond in the sum of $1,000, conditioned in part that 
it should not be sold or otherwise disposed of contrary to the provisions of the 
Federal food and drugs act, or other existing laws.
AETHTTB M. HYDE, Secretary of Agriculture.