11054. Adulteration and misbranding of sauerkraut.    U. S. v. 15 Cases    *    *    *.
(F. D. C. No. 19652.   Sample No. 59229-H.)
LIBEL FILED :   April 24,1946, Eastern District of Washington.
ALLEGED SHIPMENT : On or about March 21, 1946, by the Kay Sales Co., from 
Portland, Oreg.
PRODUCT: 15 cases, each containing 12 jars, of sauerkraut at Dishman, Wash. 
Examination showed that the product was short-volume. The jars were of 
a size that should contain a minimum of 25 ounces avoirdupois of drained 
kraut, but they contained an average of only 22.15 ounces.
LABEL IN PART: "Yeagers Home Stile Kraut One Quart Fred Yeager 
Portland, Ore."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), brine had been sub- 
stituted in part for kraut, which the article was represented to be.
Misbranding, Section 403 (d), the container was so filled as to be misleading 
since the jars appeared to contain more sauerkraut than they actually con- 
tained; and, Section 403 (e) (2), the article failed to bear a label containing 
an accurate statement of the quantity of the contents.
DISPOSITION : May 24, 1946. No claimant having appeared, judgment of con- 
demnation was entered and it was ordered that the United States marshal 
dispose of the product in compliance with the law.