9962. Adulteration and misbranding of sauerkraut.    U. S. v. 6 Cases and 3 Cases
of Sauerkraut.   Default decree of condemnation and destruction.    (F. D. C.
No. 19978.   Sample No. 63412-H.)
LIBEL FILED :   May 29,1946, District of New Jersey.
ALLEGED SHIPMENT: On or about October 23, 1945, and January 24, 1946, by 
the Hungarian Pickle Products Co., from Brooklyn, N. Y.
PRODUCT: 6 cases, each containing 12 jars, and 8 cases, each containing 4 jars, 
of sauerkraut at Paterson, N. J. Some of the containers of the product were 
36-ounce jars, and the remainder were gallon jars. All were labeled "1 Pl. 
Quart." The jars contained, respectively, an average of 22.97 ounces and 77.72 
ounces, avoirdupois, of drained kraut. Such size containers should hold, 
respectively, a minimum of 28 ounces and 100 ounces, avoirdupois, of drained 
kraut.
LABEL IN PART :    "L and B Quality Sauerkraut."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), brine had been sub- 
stituted in part for Sauerkraut.
Misbranding, Section 403 (d), the containers were so filled as to be misleading 
since, because of the tendency of sauerkraut to disperse in the liquid packing 
medium, the jars appeared to contain more sauerkraut than was actually the 
case; and, Section 403 (e) (2), the product failed to bear a label containing an 
accurate statement of the quantity of the contents.
DISPOSITION: August 19, 1946. No claimant having appeared, judgment of 
condemnation was entered and the product was ordered destroyed.