20774. Misbranding of sirup. V. S. v. 100 Cases and 148 Cases of Sirup. 
Decrees of condemnation and forfeiture. Product released under 
bond to be relabeled. (F. & D. nos. 28983, 28984. Sample nos. 2144-A, 
2148-A.)
Examination showed that this product had no flavor of cane sirup and that 
the cans contained less than 5 pounds, the declared amount. Moreover, the 
statement of the quantity of the contents was not made on the label in terms 
of fluid measure.
On October 7, 1932, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States libels praying seizure and condemnation of 248 cases of 
sirup, in part at Alamosa, Colo., and in part at Walsenburg, Colo., consigned 
by the Bliss Syrup & Preserving Co., alleging that the article had been shipped 
on or about May 26, 1932, from Kansas City, Mo., into the State of Colorado, 
and charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: " Bliss Pancake Brand Cane Flavor Syrup Bliss 
Syrup & Preserving Company, Kansas City, Mo., Net Weight 5 Lbs."
It was alleged in the libels that the article was misbranded in that the state- 
ments " Cane Flavor * * * Net Weight 5 Lbs.", were 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 since the 
statement was incorrect and was not in terms of fluid measure.
On March 10, 1933, the Bliss Syrup & Preserving Co., Kansas City, Mo., hav- 
ing appeared as claimant for the property, judgments of condemnation and 
forfeiture were entered, and it was ordered by the court that the product 
be released to the claimant upon payment of costs and the execution of bonds 
in the sum of $200, conditioned that it be relabeled under the supervision of 
this Department.
R. G. TUGWELL, Acting Secretary of Agriculture.