22425. Misbranding of   apple  butter.     IT.   S.   v.   22   Cases   of  Apple   Butter.
Default decree of condemnation, forfeiture, and sale.     (F. & D. no.
32333.    Sample no. 58943-A.)
Sample jars of apple butter taken from the shipment in this case were found 
to contain less than the declared weight.
On March 17, 1934, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 22 cases of 
apple butter at Wilkes-Barre, Pa., alleging that the article had been shipped 
in interstate commerce, on or about November 9, 1933, by A. H. Renehan & 
Son, from Sykesville, Md., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: " Patapsco Brand 
Cont. 38 Ozs. Pure Apple Butter, A. H. Renehan & Son, Sykesville, Md."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Cont. 38 Ozs.", was false and misleading and tended to 
deceive and mislead 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 pack- 
ages, since the statement made was incorrect.
On April 26, 1934, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be relabeled with the statement, " Contents 2 Lbs. 4 Oz.", 
and sold by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.