22783. Misbranding of caviar.    U. S. v. 4 11/12 Dozen Jars of Caviar.    De¬
fault decree of condemnation. Portion of product delivered to 
charitable Institutions. Remainder destroyed. (F. & D. no. 32725. 
Sample no. 7889-A.)
Sample jars of caviar taken from the shipment involved in this case were 
found to contain less than 2 ounces, the labeled weight.
On May 19, 1934, the United States attorney for the District of Connecticut, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 4 11/12 dozen jars of caviar at 
Stamford, Conn., alleging that the article had been shipped in interstate com- 
merce, on or about May 1, 1933, and April 9, 1934, by the Phenix Packing Co., 
from New York, N. Y., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Bakou Brand 
Genuine Russian Caviar. Net Wt. Two Ozs. Packed by Bakou Imp. & Exp. 
Co. New York."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Net Wt. Two Ozs.", was false and misleading and tended 
to deceive and mislead the purchaser. Misbranding was alleged for the fur- 
ther 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 quantity stated was incorrect.
On July 2, 1934 no claimant having appeared for the property, judgment 
of condemnation was entered and it was ordered by the court that the product 
be delivered to charitable institutions with the exception of eleven-twelfths 
dozen jars which were ordered delivered to a representative of this Depart- 
ment for weighing in the presence of a representative of the shipper, after 
which they were to be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.