20629. Misbranding of canned sauerkraut and  canned lima bKans.     U.  S.
v. 26 Cases and 6 Cases of Canned Sauerkraut; and 10 Cases of 
Canned Lima BKans. Consent decrees of condemnation and for- 
feiture.    Products released under bond to be relabeled. (F. & D.
nos. 28775, 28776. 28777.     Sample nos. 2160-A, 2161-A, 2167-A.)
These actions involved interstate shipments of two lots of canned sauerkraut, 
and one lot of canned lima bKans. Sample cans taken from each of the lots 
were found to contain less than the declared weights.
On August 30, 1932, the United States attorney for the District of Wyoming, 
acting upon reports by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid libels praying seizure and 
condemnation of 26 cases of canned sauerkraut at Casper, Wyo., and 6 cases 
of canned sauerkraut and 10 cases of canned lima beans at Cheyenne, Wyo.. 
consigned by the Moore Brady Co., in part from Kearney, Nebr., and in part 
from Omaha, Nebr. It was alleged in the libels that the articles had been 
shipped in interstate commerce between the dates of August 28, 1931 and 
July 5, 1932, from the State of Nebraska into the State of Wyoming; that they 
remained in the original unbroken packages, and that they were misbranded 
in violation of the Food and Drugs Act as amended. The articles were labeled 
in part: " J. M. Brand Sauerkraut Contents 1 Lb. 1 Oz."; " M. B. Lima Beans 
Contents 1 Lb."
Misbranding of the article was alleged for the reason that the statements, 
" 1 Lb. 1 Oz." and " 1 Lb.", were false and misleading and deceived and misled 
the purchaser, since the cans contained less than the amounts stated. Mis- 
branding was alleged for the further reason that the articles were foods in 
package form and the quantity of the contents was not plainly and correctly 
stated on the labels, since the statements made were incorrect.
On October 17, 1932, Brown Bros. Brokerage Co., a Colorado corporation, 
claimant, having admitted the allegations of the libels and having consented to
the entry of decrees, judgments of condemnation and forfeiture were 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 bonds totaling $300, 
conditioned that they be relabeled to show the correct weights.
R. G. TUGWELL, Acting Secretary of Agriculture.