7836. Adulteration and misbranding of sauerkraut.    V. S. v. 60 Cases of Sauer¬
kraut.    Default decree of condemnation.    Product ordered delivered to 
charitable institutions.     (F. D. C. No. 14607.    Sample No. 83031-F.)
LIBEL FILED:    On or about November 27, 1944, District of Connecticut;
ALLEGED SHIPMENT :    On or about November 3, 1944, by the New Jersey Empire
Pickle Works, Inc., from Newark, N. J.
PRODUCT: 60 cases, each containing 12 1-quart jars of sauerkraut at New 
Haven, Conn. Examination showed that the jars contained an average of 
18.06 ounces avoirdupois of drained kraut and 15.15 ounces avoirdupois of 
liquid packing medium, consisting of brine and vinegar. This size jar should 
contain at least 25 ounces avoirdupois of 'drained kraut. The jars had the 
deceptive appearance of being completely filled with sauerkraut.
LABEL IN PART:    (Jar) "Boyd Brand Sauerkraut."
VIOLATIONS CHARGED: Adulteration, Section 402 (b) (2), brine and vinegar had 
been substituted in part for sauerkraut.
Misbranding, Section 403 (d), the container was so filled as to be misleading 
since, because of the tendency of the sauerkraut to disperse in the liquid packing 
medium, the jars appeared to be filled, whereas they were large enough to hold 
at least 35 percent more sauerkraut.
DISPOSITION: February 14, 1945. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered delivered to charitable 
institutions, after removal of the labels.