20785.  Misbranding of honey.    U. S. v. ISO Cases of Honey.    Decree of con- 
demnation.    Product released under bond to be relabeled.    (F. &
D. no. 29852.    Sample no. 19079-A.)
This case involved an interstate shipment of honey, sample cans of which 
were found to contain less than 16 ounces, the declared weight.
On February 14, 1933, the United States attorney for the Western District 
of Kentucky, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States a libel praying seizure and condemnation 
of 150 cases of honey at Louisville, Ky. On March 1, 1933, an amended libel 
was filed to include 99 more cases, also at Louisville, Ky. It was alleged in 
the libel and the amended libel that the article had been shipped in interstate 
commerce on January 30 and January 31, 1932, by the Sherficks Farm & 
Floral Products, from Shoals, Ind., to Louisville, Ky., and that it was mis- 
branded in violation of the Food and Drugs Act as amended. The article was 
labeled in part: " Net Wt. 16 Oz. Honey Sherflck's Farm and Floral Products, 
Shoals, Indiana."
The libels charged that the article was misbranded in that the statement on 
the label, " Net Wt. 16 Oz.", was false and misleading and deceived and misled 
the purchaser, since the quantity stated was incorrect. 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 statement made was incorrect.
On March 1, 1933, the Kroger Grocery & Baking Co., Cincinnati, Ohio, having 
appeared as claimant for the property, judgment of condemnation was entered 
and it was ordered by the court that the product be released to the claimant 
upon payment of costs and the execution of a bond in the sum of $1,000, 
conditioned that it be relabeled " Net Wt. 14 Oz."
R. G. TuGWEtiL, Acting Secretary of Agriculture.