19230. Misbranding of canned tomato juice.     V. S. v. 570 Cases of Canned
Tomato Juice. Decree of condemnation and forfeiture. Product; 
released under bond for relabeling-. (F. & D. No. 27329. I. S. No. 
38917.    S. No. 5506.)
Samples of canned tomato juice from the shipment herein described having 
been found to be short of the volume declared on the container, the Secretary 
of Agriculture reported the matter to the United States attorney for the District 
of Massachusetts.
On December 3, 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 570 cases of canned tomato juice, remaining in the original and 
unbroken packages at Boston, Mass., alleging that the article had been shipped 
on or about October 17, 1931, by Edgar F. Hurff, from Swedesboro, N. J., and 
had been transported in interstate commerce from the State of New Jersey 
into the State of Massachusetts, and charging misbranding in violation of the- 
food and drugs act as amended. The article was labeled in part: (Can) 
"Hatchet Brand Pure Tomato Juice * * * Contents 1 Pint 3 F. Oz. 
* * * The Twitchell-Champlin Co., Distributors, Portland, Maine, and Bos- 
ton, Mass."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the can label, " Contents 1 Pint 3 F. Oz.," was false and misleading" 
and deceived and misled the purchaser.   Misbranding was alleged for the fur-
ther reason that the article was in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement made was not correct.
On December 7, 1931, the Twitchell-Champlin Co., Boston, Mass., claimant, 
having admitted the allegations of the libel, 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 $500, conditioned in part that it should not be sold or 
disposed of contrary to the Federal food and drugs act, or the laws of any 
State, Territory, district, or insular possession. It was further ordered by 
the court that the containers be relabeled, under the supervision of this depart- 
ment, with a correct statement of the quantity of the contents.
ARTHUR M. HYDE, Secretary of Agriculture.