2826. Misbranding of canned coffee. U. S. v. 10 Cases;d offlee. Default de- 
cree of condemnation and destruction. (F. D. C. No. 6091. Sample No. 
61791-B.)
This product was short of the declared volume. 
»
On October 28, 1941, the United States attorney for the District of Oregon filed 
a libel against. 10 cases: of canned coffee, at Portland, Or eg., alleging that the 
article had been shipped in interstate commerce on or about April 23, 1941, by 
the Hotcan Corporation from Los Angeles, Calif.; and charging that it was mis- 
branded. It was labeled in part: (Cans) "Duncan 'It heats Itself * * * 
Coffee Ready to Drink   *    *    *   Net Contents of Product 1 Pt: from. Oz."
The article was alleged to be misbranded in that the statement "Net Contents 
of Product 1 Pt. 6 Pl. Oz." was false and misleading since the cans contained a
483216°—42 1 
399
smaller amount. It was alleged to be misbranded further in that it was a food 
in package form and did not bear a label containing an accurate statement of the 
quantity of the contents.
On December 16,1941, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.