86043. Misbranding of   preserves.     TJ.   S.   v.   73   Cases   of   Preserves.     Consent 
decree of condemnation.     Product released under bond for relabeling.
(F. & D. no. 87467.    Sample nos. 48866-B, 48867-B, 63719-B, 63720-B.)
This case involved interstate shipments of strawberry preserves, the pack- 
ages of which were found to contain less than the weight stated on the label.
On April 1, 1936, the United States attorney for the Southern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 73 cases of strawberry 
preserves at Augusta, Ga., alleging that the article had been shipped in inter- 
state commerce on or about May 25, July 29, and October 14, 1935, by the Ruby 
Canning Co., from Ruby, S. C, and that it was misbranded in violation of the 
Food and Drugs Act as amended. The article, contained in jars, was labeled: 
"Lord Chesterfield Brand Pure Preserves Strawberry Contents 16 Ozs. [or 
"Contents 2 Pounds"] Ruby Canning Co., Ruby, S. C."
The article was alleged to be misbranded in that the statements, "Contents 
16 ozs." and "Contents 2 Pounds", were false and misleading and tended to 
deceive and mislead the purchaser when applied to a product that was short 
In weight; and in 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 not correct.
On April 23,1936, the Ruby Canning Co., claimant, having admitted the allega- 
tions of the libel and having consented to a decree, judgment of condemnation 
was entered and it was ordered that the product be released under bond con- 
ditioned that it be relabeled.
W. R. GEEGG, Acting Secretary of Agriculture.