21694. Misbranding of  simp.     V.   S.   v.   12   Cases   of   Simp.     Consent   decree
of  condemnation  and   forfeiture.    Product   released  tinder  bond 
to be relabeled.     (F. & D. no. 31199.    Sample no   53006-A.)
Sample cans of sirup taken from each of the three sizes involved in the 
case were found to contain less than the labeled volume.
On October 5, 1933, the United States attorney for the District of Wyoming, 
acting upon a report by the Secretary of Agriculture, filed in the district com t 
a libel praying seizure and condemnation of 12 cases of sirup at Laramie. 
Wyo., alleging that the article had been shipped in interstate commerce on or 
about August 24 and 30, 1933. by the Morey Mercantile Co., from Demer, 
Colo., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: " Valley Brand Table Syrup Maple 
Flavor * * * Net Contents 1 Pint 10 Ozs. [or " 3 Pints 11 Ozs." or " 7 
Pints 11 Ozs."]."
It was alleged in the libel that the article was misbranded in that the cans 
were labeled: "1 Pint 10 Ozs.-" or "3 Pints 11 Ozs." or "7 Pints 11 Ozs.." 
whereas they contained less than the amount so designated on the labels. 
Misbranding was alleged for the further reason that the article was in package 
form and the quantity of the contents was not plainly and correctly stated on 
the outside of the packages, since the cans contained less than declared.
On October 23, 1933, the Morey Mercantile Co., Denver, Colo., having appeared 
as claimant for the property 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 $100, conditioned that it be relabeled, 
under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.