20294. Misbranding of canned grapefruit juice.   U.S. v. 106 Cases of Canned
Grapefruit  Juice.     Consent  decree   of  condemnation  and  forfei- 
ture.    Product released under bond to be relabeled.     (F. & D. no.
28715.    Sample no. 1681-A.)
This action involved the interstate shipment of a quantity of canned grape- 
fruit juice, sample cans of which were found to contain less than the declared 
volume.
On August 17, 1932, the United States attorney for the Western District of 
Washington, 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 106 cases of canned grapefruit juice, remaining 
in the original unbroken packages at Seattle, Wash., alleging that the article 
had been shipped in interstate commerce, on or about May 5, 1932, by the 
De Soto Canning Co., from Tampa, Fla., to Seattle, Wash., and charging mis- 
branding in violation of the Food and Drugs Act as amended. The article was 
labeled in part: "Bert Marshall's 100% Pure * * * Grapefruit Juice 
*    *    *   Packed by De Soto Canning Co., Arcadia, Florida, Contents 11 F. Oz."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Contents 11 Fluid Ounces," was false and misleading and 
deceived and misled the purchaser. Misbranding was alleged for the further 
reason that the article was in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the package, since 
the quantity stated was incorrect.
On October 27, 1932, the De Soto Canning Co., Arcadia, Fla., 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 upon 
payment of costs and the execution of a bond in the sum of $250, conditioned 
that it be relabeled under the supervision of this Department and that it should 
not be sold or otherwise disposed of contrary to the Federal Food and Drugs 
Act, and all other laws.
R. G. TUGWELL, Acting Secretary of Agriculture.