21630. Misbranding of jelly.     U. S. v.  300 Cases  of Jelly.     Consent  decree
of  condemnation  and  forfeiture.     Product   released   nnder   bond 
to  be relabeled.     (F. & D.  no. 31174.     Sample  no. 47165-A.)
Sample jars of jelly taken from the shipment involved in this case were 
found to contain less than 10 ounces, the declared weight.
On September 28, 1933, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 300 cases of currant 
jelly at Somerville, Mass., alleging that the article had been shipped in inter- 
state commerce on or about September 2, 1933, by the Red Wing Co., Inc., 
from Fredonia, N.Y.. and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: (Jar) "Red Wing 
Pure Currant Jelly 10 Ozs. And. Net."
It was alleged in the libel that the article was misbranded in that the state- 
ment, -'10 Ozs. Avd. Net", 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.
On November 3,1932, the Red Wing Co.. Inc., Fredonia. N.Y.. having appeared 
as claimant for the property and having admitted the allegations of the libel, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be delivered to the claimant upon payment of costs 
and the deposit of $800 in lieu of bond, conditioned that it be relabeled under 
the supervision of this Department to show the true quantity of the contents.
M. L. WILSON, Acting Secretary of Agriculture.