7652.  Adulteration   and   misbranding   of   sauerkraut.     IT.   S.    *    *    *    v.   079
Cases of Sauerkraut.     (F. & D. Nos. 8748, 8749, 8750.     I.  S. Nos. 9240~p, 
9241-p,  9242-p.    S. No. C-787.)
On January 26, 1918, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure 
and condemnation of 979 cases of sauerkraut, remaining unsold in the original 
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
on or about November 30, 1917, by the Thomas Canning Co., Grand Rapids, 
Mich., and transported from the State of Michigan into the State of Illinois, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part, " Topmost Extra Sauer Kraut Highest 
Excellence Achieved," " Reputation Brand Sauer Kraut," and " Park Brand 
Sauer Kraut," and each brand was also labeled " Contains 1 lb. 3 ozs."
Adulteration of the article was alleged in the libel for the reason that an 
excessive amount of brine had been mixed and packed with the article so as 
to reduce, lower, and injuriously affect its quality and strength, and had been 
substituted in part for sauerkraut, which the article purported to be.
Misbranding of the article was alleged for the reason that the statement, to 
wit, " Sauer Kraut," borne upon each of the labels, deceived and misled tha 
purchaser into the belief that the article consisted of sauerkraut containing a 
normal quantity of brine, whex-eas the article contained an excessive quantity 
of brine.
On May 15, 1918, the Sheppard-Strassheim Co., Inc., a claimant for a portion 
of the consignment, having consented to a decree, and on. July 19, 1918, W. M. 
Hoyt Co., a corporation, also having consented to a decree, separate judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be delivered to said claimant upon the payment of the costs 
of the proceedings and the execution in each case of a bond in the sum of 
$1,000, in conformity with section 10 of the act, conditioned in part that a 
sticker label bearing the statement " 13J ozs. Sauer Kraut; 5? ozs. Added 
Brine," in prominent letters, be placed over the words " Sauer Kraut," appear- 
ing on the cans and cases.
C. F. MAEVIN, Acting Secretary of Agriculture.