21161. Misbranding of canned raspberries. U. S. v. 49 Cases of Black 
Raspberries. Consent decree of condemnation and forfeiture. 
Product released under bond to be relabeled. (F. & D. no. 30408. 
Sample no. 32269-A.)
This case involved a shipment of canned black raspberries, sample cans 
of which were found to contain less than the weight declared on the label.
On May 4, 1933, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 49 cases of canned 
black raspberries at New York, N. Y., alleging that the article had been shipped 
in interstate commerce, on or about February 9, 1933, by Hunt Bros. Packing 
Co., from San Francisco, Calif., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: (Can) 
" White Top Brand Black Raspberries Contents 6 Lbs. 7 Oz. R. C. Williams 
& Co., Inc., Distributors, New York."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " Contents 6 Lbs. 7 Ozs.", was false and misleading 
and deceived and misled the purchaser. Misbranding was alleged for the 
further reason that the article was food 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.
R. C. Williams & Co., Inc., New York, interposed a claim as agent for 
Hunt Bros. Packing Co., owner, admitted the allegations of the libel, and 
consented to the entry of a decree. On June 19, 1933, judgment of condemna- 
tion and forfeiture 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 $300, conditioned that it be relabeled in part: " Con- 
tents 6 pounds 3 ounces."
M. L. WILSON, Acting Secretary of Agriculture.