NOTICE OF JUDGMENT NO. 1154.
(Given pursuant to section 4 of the Food and Drags Act.)
MISBRANDING OF BLUEBEREIES.
On March 13, 1909, the United States Attorney for the District of 
Utah, acting upon the report of the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel 
praying condemnation and forfeiture of 54 cases of blueberries in 
the possession of W. S. Henderson. The product was labeled: " 5 
Doz., 2 lb., Gold Label, Maine Blueberries, Edward T. Russell & Co., 
Boston."
Examination of samples taken from said consignment by the 
Bureau of Chemistry, United States' Department of Agriculture, 
showed the individual cans containing the said blueberries to aver- 
age 24 ounces each. The libel alleged that the blueberries, after 
shipment by Edward T. Russell & Co. from Massachusetts into Utah, 
remained in the original unbroken packages, and were misbranded in 
violation of the Food and Drugs Act of June 30, 1906, because the 
cans containing said blueberries represented the contents as 2 pounds, 
when, in fact, they were short measure, showing an average content 
of 24 ounces each; and that said product was, therefore, liable to 
seizure for confiscation.
On April 1, 1909, W. S. Henderson, claimant, filed answer to said 
libel. The court found the product to be misbranded, as alleged 
in said libel, and that the United States was entitled to a decree of 
condemnation, and accordingly, on said date, a decree was entered 
condemning and forfeiting the goods to the United States; with a 
proviso that the same should be released to said W. S. Henderson 
upon the payment by him of all costs of the proceedings and the 
execution of a bond in the sum of $500 satisfactory to the court, that 
the said goods would not be sold or otherwise disposed of contrary 
to the provisions of law, and the said W. S. Henderson having paid 
the costs and executed bond as required by said decree, the said prod- 
uct was thereupon released to the said W. S. Henderson.
W. M. HATS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, October 3,1911.
11924°—No. 1154—11
o