19591. Misbranding of canned loganberries.    TJ. S. v. 198 Cases of Canned
Loganberries. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 27733. I. S. Nos. 32470, 
32485.    S. Nos. 5821.)
Sample cans of loganberries taken from the shipment involved in this action 
liaving been found to be short weight, the Secretary of Agriculture reported 
the matter to the United States attorney for the Northern District of California.
On February 10, 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 198 cases of canned loganberries, remaining in the origtual un- 
broken packages at San Francisco, Calif., alleging that the article had been 
shipped in interstate commerce, on or about January 23, 1932, by the Cleary & 
Hillman Packing Co., from Salem, Oreg., to San Francisco, Calif., and charging 
misbranding in violation of the food and drugs act as amended. The article 
was labeled in part: (Can) "Bed Spot Brand Loganberries Contents 7 Lbs. 
Packed by Cleary & Hillman Packing Co., Salem., Ore."
Misbranding of the article was alleged in the libel for the reason that the 
statement on the can label, " Contents 7 Lbs.," was false and misleading and 
deceived and misled the purchaser. Misbranding was alleged for the furthei 
reason that the article was food 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 March 2, 1932, the Cleary & Hillman Packing Co., Salem, Oreg., having 
appeared as claimant for the property 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 $500, conditioned 
in part that it should not be sold or otherwise disposed of contrary to the pro- 
visions of the Federal food and drugs act, and all other laws, and further con- 
ditioned that it be made to comply with the law under the supervision of this 
department.
ABTHTUB M. HYDE, Secretary of Agriculture.