24601. Misbranding of boney.    U. S. v. 851 Cases of Honey.    Consent decree
of condemnation.    Product released under bond to be relabeled.    (F. &
D. no. 35127.    Sample no. 25173-B.)
Sample cans of honey taken from the shipment involved in this case were 
found to contain less than 10 pounds, the weight declared on the label.
On February 9, 1935, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 351 cases of honey at 
Chicago, Ill., alleging that the article had been shipped in interstate commerce 
on or about December 6 and December 8, 1934, by William Atchley, from Los 
Angeles, Calif., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "Pure Pack California Honey 
From William Atchley Upland, California Net Weight 10 Pounds."
The article was alleged to be misbranded in that the statement on the label, 
"Net Weight 10 Pounds", was false and misleading and tended to deceive and 
mislead the purchaser. Misbranding was alleged for the further 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 
statement made was incorrect.
On April 18, 1935, William Atchley, claimant, having admitted the allegations 
of the libel and having consented to the entry of a decree, judgment of con- 
demnation was entered and it was ordered that the product be released under 
bond conditioned that it be relabeled under the supervision of this Department.
W. R. GBEGG, Acting Secretary of Agriculture.