Notice of Judgment Nos. 92-93.	
Issued October 1, 1909.
United States Department of Agriculture,
OFFICE OF THE SECRETARY,?
BOARD OF FOOD AND DRUG INSPECTION.
NOTICE OF JUDGMENT NOS. 92-93, FOOD AND DRUGS ACT.
92.	Misbranding of canned peaches, plums, pears, and" apricots (Underweight).
93.	Misbranding of canned beans (Underweight).
(N. J. 92.)
MISBRANDING OF CANNED PEACHES, PLUMS, PEARS, AND APRICOTS.
(UNDERWEIGHT.)
In accordance with the provisions of section 4 of the Food and Drugs?
Act of June 30, 1906, and of regulation 6 of the rules and regulations?
for the enforcement of the act, notice is given of the judgment of the?
court in the case of the United States v. 150 cases of canned fruit, a?
proceeding of libel under section 10 of the aforesaid act, in the district?
court of the United States for the northern district of Iowa, for seizure?
and condemnation of the said fruit for the reason that it was misbranded?
in this, that each case, in addition to the word " Plums " or " Peaches "?
or "Apricots" or "Pears," was labeled and branded "Paragon Brand.?
Packed at San Francisco, California, by the California Canneries Com??
pany, San Francisco, California, 2i lbs.," whereas the average gross?
weight of each can was only 34 ounces. The Witwer Brothers Com??
pany, a corporation of Cedar Rapids, Iowa, consignee and claimant,?
having filed its answer admitting the allegations of the libel, and the?
case having come on for final hearing on March 3, 1909, the court ren??
dered its decree in substance and in form as follows:
UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF IOWA, CEDAR
RAPIDS DIVISION.
UNITED STATES OF AMERICA, Libelant,
vs.
ONE HUNDRED AND FIFTY CASES OF CANNED FRUIT.
ORDER.
Upon application of Witwer Brothers, of Cedar Rapids, Iowa, for release of?
the goods seized by the marshal, in the above entitled proceedings,
It is ordered, that upon the execution by the claimants to the United States?
of America of a bond in the penal sum of five hundred dollars ($500.00) with
sureties to be approved by the clerk of this court, and J. O. Stewart, United?
States commissioner at Cedar Rapids, Iowa, conditioned as provided by section?
ten (10) of the Food and Drugs Act of June 30, 1906 (34 Stat., p. 768), and in?
all other respects complying with the provisions of said act for the release of?
property seized under its provisions, said property may be released by the?
marshal and delivered to the said claimants.
Done at chambers, this 3d day of March, 1909.
By the Court.
HENRY T. REED, Judge.
The facts in the case were as follows:
On or about January 27, 1909, an inspector of the Department of?
Agriculture found in the possession of the Witwer Brothers Company,?
Cedar Rapids, Iowa, 150 cases of canned fruit, each case containing 24?
cans, labeled as above stated. The goods had been shipped by the?
California Canneries Company of San Francisco, CaL, to the Witwer?
Brothers Company, on or about September 1, 1908. A representative?
number of the cans was weighed by the inspector and the average gross?
weight of each can was found to be only 34 ounces. The statement on?
the label of the case that the weight of each can was 2? pounds was?
therefore false, misleading, and deceptive, and the goods were mis-?
branded within the meaning of section 8 of the act. On January 27,?
1909, the above facts were reported by the Secretary of Agriculture to?
the United States attorney for the northern district of Iowa and libel?
for seizure and condemnation was duly filed with the result hereinbefore?
stated.
H. W. WILEY,?
F. L. DUNLAP,?
Board of Food and Drug Inspection.?
Approved:
W. M. HAYS,
Acting Secretary of Agriculture.
WASHINGTON, D. C, September 15, 1909.