S. No. 239.
F. & D. No. 606.	
Issued June 4,1910.
United States Department of Agriculture,
OFFICE   OF   THE   SECRETARY.
NOTICE OF JUDGMENT NO. 330, FOOD AND DRUGS ACT.
MISBRANDING OF CANNED APRICOTS.?
(SHORT WEIGHT.)
On or about October 14,1908, G. H. Waters, Pomona, Cal., shipped?
from the State of California to the State of Indiana 200 cases of canned?
apricots. Examinations of samples of this product made by the Bureau?
of Chemistry, United States Department of Agriculture, showed it to?
be misbranded within the meaning of the Food and Drugs Act of June?
30, 1906. As it appeared from the above examinations that the said?
shipment was liable to seizure under section 10 of the act, the Secre??
tary of Agriculture reported the facts to the United States attorney?
for the District of Indiana. In due course a libel was filed against the?
said 200 cases of canned apricots, charging misbranding in that each?
case was labeled in substance in a manner to indicate that each of the?
cans contained therein weighed 2i pounds, whereas in fact the gross?
weight of each of the cans contained therein averaged from 2 pounds?
3 ounces to 2 pounds 5 ounces, and praying seizure, condemnation,?
and forfeiture.
On June 25, 1909, I. R. Howard entered an appearance, filed his?
claim to the goods and also filed an answer to the libel, and on the?
same date the court entered its decree of condemnation and forfeiture?
and directed that the goods be released to the claimant upon the pay??
ment of costs and the filing of a bond conditioned that the said goods?
should not be disposed of contrary to the laws of the United States.
This notice is given pursuant to section 4 of the Food and Drugs
Act of June 30,1906.
JAMES WILSON,
Secretary of Agriculture.?
WASHINGTON, D, a, May 1?, 1910.
43530?No. 330?10