20219. Misbranding of marmalade, apple butter, jam, and preserves. U.S. 
v. 28 Cases of Orange Marmalade, et al. Consent decree of con- 
demnation and forfeiture. Products released under bond to be 
relabeled. (F. & D. no. 28823. Sample nos. 6326-A-6330-A. incl., 6332-A- 
6335-A, incl.)
This action involved quantities of marmalade, apple butter, jam, and various 
fruit preserves, sample jars of which were found to contain less than the 
declared weight.
On August 29, 1932, the United States attorney for the District of Nebraska, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 28 cases of orange marmalade, 9 cases of apple butter, 49 
cases of grape jam, and 210 cases of raspberry, pineapple, apricot, and peach 
preserves, remaining in the original unbroken packages at Omaha, Nebr., alleg- 
ing that the articles had been shipped in interstate commerce on or about 
February 19, 1932, by Pantry Maine Products Co., from Westfield, N.Y., to 
Omaha, Nebr., and charging misbranding in violation of the Food and Drugs 
Act as amended. The articles were all labeled " Pantry Maine", and were 
further labeled, variously: " Pure Orange Marmalade, Net Wt. 12 Oz." ; " Pure 
Apple Butter, Net Wt. 15 Oz."; " Pure Grape Jam, Net Wt. 12 Oz."; " Pure 
Raspberry Preserves, Net Wt. 12 Oz."; " Pure Strawberry Preserves, Net Wt. 
1 Lb."; " Pure Raspberry Preserves, Net Wt. 1 Lb."; " Pure Pineapple Preserves, 
Net Wt. 12 Oz."; "Pure Apricot Preserves, Net Wt. 12 Oz."; "Pure Peach 
Preserves, Net Wt. 12 Oz."
It was alleged in the libel that the articles were misbranded in that the 
statements of weight appearing on the labels, namely, " Net Wt. 12 Oz.", " Net 
Wt. 15 Oz.", and " Net Wt. 1 Lb.", were false and misleading and deceived and 
misled the purchaser. Misbranding was alleged for the further reason that the 
articles were foods 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 incorrect.
On September 15, 1932, the Pantry Maine Products Co., Inc., Westfield, N.Y., 
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 products be released to the said 
claimant upon payment of costs and the execution of a bond in the sum of
$2,000, conditioned that they be relabeled under the supervision of this 
Department, so as to bring them into compliance with the Federal Food and 
Drugs Act.
R. G. TUGWELL, Acting Secretary of Agriculture.