13643. Misbranding of applesauce.    TJ. S. v. 502 Cases    *     *     *.    Claimant's re¬
quest  for answer to interrogatories granted.    Consent decree of con- 
demnation.    Product   ordered   released   under   bond   to   be   relabeled.
(F. D. C. No. 22584.    Sample No. 69925-H.)
LIBEL FILED :    On or about March 11, 1947, Northern District of Illinois.
ALLEGED SHIPMENT : On or about September 6, 1946, by Stokely-Van Camp, Inc., 
from Owosso, Mich.
PRODUCT: 502 cases, each containing 24 1-pound, 4-ounce cans, of applesauce at 
Chicago, Ill.
LABEL IN PART: "Our Favorite Brand Apple Sauce Sugar Added * * * 
Distributed By Fame Canning Company, Inc.   Indianapolis. Ind."
NATURE OF CHARGE: Misbranding. Section 403 (a), the label statement "Sugar 
Added" was misleading since the product contained little, if any, added sugar.
DISPOSITION : Stokely-Van Camp, Inc., having appeared as claimant and having 
filed interrogatories on November 5,1947, the court ruled in favor of the claim- 
ant, as follows:
LABUY, District Judge: "In accord with the opinion of the Supreme Court 
of the United States in US Cans of Frozen Egg Products v. U. 8., 226 U. S. 172 
and C\ J. Hendry Co. v. Moore, 318 U. S. 133, holding that district courts pro- 
ceed as courts of common law and not as courts of admiralty regarding seizures 
on the land, this court holds the Federal Rules of Civil Procedure apply to these 
proceedings.
"The libel herein relates to misbranding in that the addition of the words 
SUGAR ADDED to the label is misleading 'as applied to an article containing 
little if any added sugar.' Interrogatories submitted by defendant request 
substantially the following information : type and description of tests used to 
determine sugar content and amount of sugar content in the product, when and 
by whom the tests were taken, number of samples tested, and amount of sugar 
disclosed by such tests. These are directed to the evidentiary facts underlying 
the allegation in the libel of 'little if any added sugar' and are directed to
See also Nos. 13502-13504,13509,13510.
material evidence, disclosure of which at this time is objected to by the Gov- 
ernment. Rule 33 of the Rules of Civil Procedure should be liberally construed 
for its purpose is to 'lift the veil of dark secrecy' incident to trials. The court 
believes the interrogatories to be proper and rules that answers be made 
thereto.
"An order has this day been entered in accord with the above, and plaintiff 
is ordered to make answer within 20 days."
Subsequent to the entry of above ruling, counsel for the claimant announced 
that in all probability the action would not be contested, and, consequently, the 
work of preparing answers to the interrogatories was not completed. On 
January 12, 194S, the claimant having requested the entry of a decree, judg- 
ment of condemnation was entered and the product was ordered released under 
bond, conditioned that it be relabeled under the supervision of the Federal 
Security Agency.