19117. Misbranding of sweet pickles and sweet relish.    U. S. v. 89 Cases of
Pickles,   et al.    Default  decree  of   destruction   entered.     (F.  & D,
No. 25999.    I. S. Nos. 24928, 24929.    S. No. 4268.)
Sample bottles of sweet pickles and sweet relish taken from the shipments 
herein described having been found to contain less than the declared weight, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the District of Minnesota.
On March 7, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 89 cases of sweet pickles and 10 cases of sweet relish at St. Paul,
Minn., alleging that the article had been shipped by Walter Diehnelt (Inc.), 
from Milwaukee, Wis., in part on or about November 15, 1929, and in part on 
or about September 30, 1930, and had been transported from the State of 
Wisconsin into the State of Minnesota, and charging misbranding in violation 
of the food and drugs act as amended. The articles were labeled in part, 
respectively: (Bottles) "W. D. Brand Sweet Pickles Purity Quality 16 Oz. 
Net W. Diehnelt Inc. Milwaukee, Wis.," and "W. D. Brand Sweet Relish 
Purity Quality 5 Ozs. Net W. Diehnelt Inc. Milwaukee, Wis."
It was alleged in the libel that the articles were misbranded in that the 
statements, " 16 Oz. Net" and " 5 Oz. Net" on the labels, were false and mis- 
leading and deceived and misled the purchaser. Misbranding was alleged for 
the further reason that the articles were food in package form and the quantity 
of the contents was not plainly and conspicuously marked on the outside of the 
packages, since the quantities stated were not correct.
On November 10, 1931, no claimant having appeared for the property, judg- 
ment Was entered ordering that the products be destroyed by the United States 
marshal.
AETHTJB M. HYDE, Secretary of Agriculture.