23131. Misbranding of  cucumber   chips.    U.   S.  v.   140  Cases   of   Cucumlii
Cbips.    Consent decree of condemnation.    Product released nndir 
bond to be relabeled.     (F. & D. no. 33461.     Sample no. 419-B.)
Sample jars of cucumber chips taken from the shipment involved in this case 
were found to contain less than 1 pound 4 ounces, the weight declared on the 
label.
On September 13, 1934, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 140 cases of cucumber 
chips at New York, N. Y., alleging that the article had been shipped in interstate 
commerce, on or about September 3, 1934, by W. R. Rayle, from Pasadena, 
Calif., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: (Jar) "Braden's Fancy Grade A 
Cucumber Chips Net Weight I Lb. 4 Oz. Braden's California Products, Inc., 
New York, N. Y., Distributors."
The article was alleged to be misbranded in that the statement on the label, 
" Net Weight 1 Lb. 4 Oz.", was false and misleading and tended to deceive and 
mislead the purchaser, since the jars were short of the declared net weight; and 
in that it 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 
statement made was incorrect.
On September 26, 1934, Braden's California Products, Inc., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation was entered and it was ordered that the 
product be released under bond conditioned that it be relabeled to declare the 
net weight as " 1 Lb. 2 Oz."
M. L. WILSON, Acting Secretary of Agriculture.