30658. Adulteration and misbranding of relish.    V. S. v. 29 Bottles of Relish.
Default decree of condemnation and destruction.     (F. & D. No. 44933. 
Sample No. 42118-D.)
This product contained saccharin, which had been substituted in part for 
sugar as the sweetening agent. Moreover, its label failed to bear a correct 
declaration of the quantity of contents since it was contained in gallon-sized 
bottles labeled "1 Quart."
On March 2, 1939, the United, States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court
a libel praying seizure and condemnation of 29 bottles of relish at Atlantic 
City, N. J.; alleging that the article had been shipped in interstate commerce 
on or about August 29, 1988, from Philadelphia, Pa., by Da Costa & Co.; and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act.   The article was labeled in part: "Da Costa Brand Sweet India Relish."
It was alleged to be adulterated in that a substance containing added sac- 
charin had been substituted wholly or in part for the article. Further adul- 
teration was alleged in that it contained an added deleterious ingredient, sac- 
charin, which might have rendered it injurious to health.
Misbranding was alleged in that the label statements, "Contains pickles, 
pimentos, spices and sugar" and "Contents 1 Quart," were false and misleading 
and tended to deceive and mislead the purchaser when applied to an article 
that contained saccharin and the quantity of the contents of which was more 
than 1 quart. Further misbranding was alleged in that the article was food 
in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package, since the quantity stated was 
not correct.
On June 12, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.