22428. Misbranding of honey.    U. S. "v. 69%  Cartons, et al., of Honey.    Con¬
sent decree of condemnation and forfeiture. Product released 
under bond to be* relabeled. (F. & T>. nos. 32342, 32406. Sample nos. 
66979-A, 66985-A.)
Sample jars of honey taken from the shipments involved in these cases 
were found to contain less than the declared weight.
On March 9, 1934, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 69% cartons of 
honey at Newark, N. J. On March 21, 1934, a libel was filed against 26 cartons 
of honey at Jersey City, which was subsequently amended to cover 29% cartons 
of the product. It was alleged in the libels that the article had been shipped 
in interstate commerce, on or about August 24, 1933 and September 20, 1933, 
by Honey Packers, Inc., from New York, N. Y., and that it was misbranded 
in violation of the Food and Drugs Act as amended. A portion of the article 
was labeled: " Carlton Brand Cooperative Association, Cont. 20 Ozs. Pure 
Honey Newark Wholesale Grocery Co., Inc., Distributors, Newark, New 
Jersey." The remainder was labeled: " Filigree Brand Pure Honey Fancy 
Quality Net Weight 14 Ozs. Packed for Hudson Wholesale Grocery Co. Jersey 
City, N. J."
The libels charged that the article was misbranded in that the statements, 
" Cont. 20 Ozs." and " Net Weight 14 Ozs.", appearing on the labels, were 
false and misleading and tended to deceive and mislead the purchaser. Mis- 
branding was alleged for the further reason that the article was food in 
package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package, since the statement made 
was incorrect.
On April 11, 1934, the cases having been consolidated into one cause of 
action, and Honey Packers, Inc., claimant, having admitted the allegations 
of the libels and 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 $400, conditioned that it be properly relabeled.
M. L. WILSON, Acting Secretary of Agriculture.