22406. Misbranding of brown sauce.    U. S. v. 8 Cases and 7 Cases of Brown
Sauce.     Default   decree   of   condemnation,   forfeiture,   and   sense.
(P. & D. no. 32064.    Sample no. 66585-A.)
This case involved a product labeled to indicate that it consisted of molasses. 
Examination showed that it was not molasses but was a mixture of brown 
sugar and other ingredients, also that the bottles contained less than the 
labeled volume.
On March 3, 1934, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 15 cases of brown sauce at Denver, 
Colo., consigned by the La Choy Food Products Co., Detroit, Mich., alleging 
that the article had been shipped in interstate commerce, in part on or about 
September 27, 1933, and in part on or about October 25, 1933, from Detroit, 
Mich., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: (Bottle) "Net Weight 8 oz. La 
Choy Genuine Brown Sauce (Bead Molasses)."
It was alleged in the libel that the article was misbranded in that the state- 
ments, " Net Weight 8 oz." and " Molasses", 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 
conspicuously marked on the outside of the package, since the statement made 
was  incorrect.
On April 13, 1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the labels be removed and the product sold by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.