22546. Misbranding of preserves.    U. S. v. 129 Cases of Preserves.    Decree
of condemnation and forfeiture. Product released under bond 
to be relabeled.     (F. & D. no. 32688.    Sample nos. 66604-A, 66605-A.)
This case involved a shipment of assorted preserves. Sample jars taken from 
the cherry, blackberry, peach, apricot-pineapple, and pineapple were found to 
contain less than 1 pound, the weight declared on the label.
On May 9, 1934, the United States attorney for the District of Colorado, act- 
ing upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 129 cases of assorted preserves at 
Denver, Colo., consigned by the National Fruit Canning Co., alleging that the 
articles had been shipped in interstate commerce on or about July 15, 1933, 
from Seattle, Wash., and charging misbranding in violation of the Food and
Drugs Act as amended. The articles were labeled in part: " Contents 1 lb. 
Red & White Brand Cherry [or "Apricot-Pineapple", "Pineapple", "Black- 
berry", "Peach", "Strawberry", "Raspberry", or "Loganberry"] Pure 
Preserves   *   *   *   Red & White Corps Distributors."
It was alleged in the libel that the articles were misbranded in that the state- 
ment on the label, " Contents 1 lb.", was false and misleading and tended to 
deceive and mislead the purchaser. Misbranding was alleged for the further 
reason that the articles were food in package form and failed to bear a plain 
and conspicuous statement of the quantity of the contents since the statement 
on the label was incorrect.
On May 9, 1934, the National Fruit Canning Co., Seattle, Wash., 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 products be released to the claimant upon pay- 
ment of costs and the execution of a bond in the sum of $1,680, conditioned that 
it be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.