22775. Misbranding of kummel and liqueurs.    J. S. v. 15 Bottles of KumŽ
mel. et al. Default decree of condemnation, forfeiture, and de- 
struction. (F. & D. no. 32689. Sample nos. 68440-A, 68442-A to 68445-A, 
incl.)
This case involved bottled liqueurs which were short volume.
On May 7,1934, the United States attorney for the District of Massachusetts, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 15 bottles of kummel, and 43 bottles 
of liqueurs at Springfield, Mass., alleged that the articles had been shipped in 
interstate commerce, in various shipments between the dates of February 13 
and April 5, 1934, the kummel by the Allied Brewing & Distributing Co., from 
Jersey City, N. J., and the liqueurs by the Julius Marcus Laboratories, Inc., in 
part from New York, N. Y., and in part from Jersey City, N. J., and charging 
misbranding in violation of the Food and Drugs Act as amended. The articles 
were labeled in part: (Kummel) "Julius Marcus Kummel Contents One Quart 
80 Proof, Manufactured at the Original Julius Marcus Laboratories, Jersey 
City, N. J."; (liqueurs) "Julius Marcus Apricot [or "Peach", "Blackberry", 
or " Cherry " Liqueur 64 proof Contents One Pt. 9 Fluid Oz."
It was alleged in the libel that the articles were misbranded in that the state- 
ments on the labels, (kummel) "Contents One Quart", and (liqueurs) "Con- 
tents One Pt. 9 Fluid Oz.", were 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 the quantities of the contents 
were not plainly and conspicuously marked on the outside of the packages, 
since the statements made were incorrect.
On July 17, 1934, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the products be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.