8257. Adulteration and misbranding of canned sauerkraut.    IT. S. v. 398 Cases
of Canned Sauerkraut.   Default decree of condemnation and destruction.
(F. D. C. No. 16026.   Sample No. 9432-B.)
LIBEL FILED :   May 9,1945, Western District of New York.
ALLEGED SHIPMENT :    On or about February 22, 1945, by the Morgan Packing Co., 
from Austin, Ind.
N. Y. These jars contained an average of 21.01 ounces. Jars of this size 
should contain 25 ounces of drained kraut.
LABEL IN PART:   "Scott Co.   Sauerkraut"
VIOLATIONS CHARGED: Adulteration, Section 402 (a)(3), the product consisted 
in whole or in part of a decomposed substance; and, Section 402 (b) (2), brine 
had been substituted in part for sauerkraut.
Misbranding, Section 403 (d), the container was so filled as to be misleading, 
since the jars appeared to contain more sauerkraut than was actually the case.
DISPOSITION: June 16, 1945. No claimant having appeared, judgment of con- 
demnation was entered and the product was ordered destroyed.