20797. Misbranding of orange juice.    U. S. v. 15%  Cases, et al of Orange
Juice. Default decree of condemnation and forfeiture. Product 
delivered to charitable institutions. (F. & D. no. 29670. Sample 
nos. 28185-A, 28186-A.)
This case involved an interstate shipment of canned orange juice in which 
the cans were found to contain less than the declared volume. Examination 
further showed that the cans were not filled to the standard established by this 
Department, and that they were not labeled to indicate that they were slack- 
filled.
On December 29,1932, 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 a libel praying seizure and condemnation of 15% cases and 
53 cans of canned orange juice at Denver, Colo., consigned by the Hansen & 
Choate Products Co., Los Angeles, Calif., alleging that the article had been 
shipped in interstate commerce on or about September 20, 1932, from Los 
Angeles, Calif., to Denver, Colo., and charging misbranding in violation of the
Food and Drugs Act as amended. The article was labeled in part: (Cans) 
" Valencia Orange Juice Net Contents 1 Pt. 4 F. Oz. [or " 8 F. Oz."] Hansen 
& Choate Products Company, Los Angeles, California."
It was alleged in the libel that the article was misbranded in that the state- 
ments, " 1 Pt. 4 F. Oz." and " 8 I. Oz.", were false and misleading and deceived 
and misled the purchaser; and for the further reason that the article was food 
in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the packages, since the statements made 
were incorrect. Misbranding was alleged for the further reason that the 
article was canned food and fell below the standard of fill of container pro- 
mulgated by the Secretary of Agriculture, and its package or label did not 
bear a plain and conspicuous statement indicating that it fell below such 
standard.
On April 1, 1933, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court 
that the product be delivered to charitable institutions.
R. G. TUGWELL, Acting Secretary of Agriculture.