21251. Misbranding of  canned  orange juice.   17.  S. v.  75  Cases  of  Canned
Orange Juice. Consent decree of condemnation and forfeiture. 
Product released under bond to be relabeled. (F. & D. no. 30593. 
Sample no. 32013-A.)
This case involved an interstate shipment of canned orange juice, sample 
cans of which were found to contain less than the declared volume.
On June 14, 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 75 cases of canned 
orange juice at New York, N.Y., alleging that the article had been shipped in 
interstate commerce in part on or about April 8, 1933, from Wiley, Fla., and in 
part on or about April 14, 1933, from Jacksonville, Fla., by the Tropical Juice 
Corporation, and charging misbranding in violation of the Food and Drugs Act 
as amended. The article was labeled in part: " Giraffe Vacuum Packed 
Natural Orange Juice * * * Florida 1 Qt. I Pt. 7 F. Oz. (55 Liquid Oz.) 
Packed by Tropical Juice Corp. Titusville, Florida."
It was alleged in the libel that the article was misbranded in that the state- 
ment, "1 Qt. 1 Pt. 7 F. Oz. (55 liquid Oz.)", was 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 conspicuously marked on the outside of the package, since the statement 
made was incorrect.
On July 18, 1933, the Tropical Juice Corporation, Titusville, Fla., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation 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 $500, conditioned that the 
article be relabeled by obliterating the original statement of weight and plainly 
and conspicuously marking the cans " 1 Qt. 1 Pt. 2 F. Oz."
M. L. WILSON, Acting Secretary of Agriculture.