NOTICE OF JUDGMENT NO. 1172.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF FRUIT JELLY.
On July 7, 1911, the United States Attorney for the District of 
Colorado, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel 
praying condemnation and forfeiture of 600 pails of imitation fruit 
jelly, in the possession of J. S. Brown Mercantile Co., Denver, Colo. 
The product was labeled: " 10 lbs. Gross " " D. B. Scully Syrup Com- 
pany, Chicago—Imitation Fruit Jelly—Compound; 60% Corn 
Syrup, 36% Apple Trimmings Juice, 5% Sugar—Contains added 
Phosphate."
Before the product was delivered by the common carrier to the 
consignee the inspector and chief of the Denver Laboratory of the 
United States Department of Agriculture weighed and checked 142 
pails of the shipment, and reported a total shortage of 5.6 per cent. 
The libel alleged that the said jelly after transportation from the 
State of Illinois into the State of Colorado remained in the original 
unbroken packages, and was misbranded in violation of the Food and 
Drugs Act of June 30, 1906, and was therefore liable to seizure for 
confiscation.    Misbranding was alleged for the following reasons:
(a) That all said wooden pails were and are misbranded and mis- 
labeled within the meaning of the aforesaid act in that the state- 
ment of the weight and measure of the said wooden pails was and is 
not printed, either on or immediately above or below the principal 
label as hereinbefore set forth and of the size of 8-point (brevier) 
capitals; but instead it was and is true that the statement of the 
weight of said wooden pails, to wit, " 10 lbs. Gross," was and is 
printed on the lids of the said pails as aforesaid, and not on or 
immediately above or below the principal label as required by regu- 
lation 29 for the enforcement of the Food and Drugs Act, as adopted 
by the Departments of Agriculture, Treasury, and Commerce and 
Labor.
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(b) That all said wooden pails were and are misbranded and mis- 
labeled within the meaning of the aforesaid act in that the statements 
on the lids of the said pails as aforesaid, to wit, " 10 lbs. Gross," 
were and are not statements of the average net weight or volume of 
the weight and measure of the food or article of food contained in 
said pails, but instead, it was and is true that said labels " 10 lbs. 
Gross," were and are statements of the gross weight of both pail and 
contents and not the net weight of the food contained within said 
pails, as required by regulation 29 for the enforcement of the Food 
and Drugs Act, as adopted by the Departments of Agriculture, 
Treasury, and Commerce and Labor.
(c) That all said wooden pails were and are misbranded and mis- 
labeled within the meaning of the aforesaid Pure Food Act in that 
the labels on the lids of the said pails as aforesaid, to wit, " 10 lbs. 
Gross," did and do not state correctly and truly the gross weight of 
the said packages; and the labels, to wit, " 10 lbs. Gross," on each and 
every of said wooden pails were and are false and misleading and 
so worded as to deceive and mislead purchasers into believing that 
said wooden pails and contents as aforesaid, and each of them, con- 
tained 10 pounds gross weight, whereas, in truth and in fact, said 
packages and each of them did and do not contain 10 pounds gross 
weight, but instead, contain a very much smaller amount, to wit, an 
average of five and forty-eight hundredths per cent (5.48 per cent) 
less than 10 pounds gross, as so stated on the lids of said wooden 
pails.
On July 22, 1911, the case coming on for hearing, the D. B. Scully 
Syrup Co. appeared as claimants and owners of said product, and 
admitted that the same was misbranded, as alleged in the libel, and 
prayed that the product be released to them upon their payment of 
costs, and giving a bond conditioned that said product should not 
again be sold contrary to law. Whereupon the court entered a 
decree condemning and forfeiting the product to the United States, 
but with the proviso that upon the payment of the costs of the pro- 
ceedings and the giving of a sufficient bond in the sum of $1,000 by 
claimants conditioned that the said goods should not be again sold 
contrary to law, that they should be released to claimants. The 
claimants paid the costs and gave bond in the sum of $1,000, and
the product was restored to them.
W. M. HAYS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, October 80, 1911.
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