8015.?misbranding- of marsh mallow  creme.     U.  S.     *     *     *     -r.  1,250  Cases
of A. B. C. Brand MarsluviaJIow Creme. Consent decree of condem??
nation and forfeitnre. Product ordered released on bond for re??
labeling-.    (I\ & D. Xo. 13034.    I. S. No. 6258-t.    S. No. E-2644.)
On September 9, 1920, the United States attorney for the District of New?
Jersey, acting upon a report by the Secretary of Agriculture, filed in the Dis-
290	
BUKEAU  OF  CHEMISTRY.	
[Supplement 109,
trict Court of the United States for said district a libel for the seizure and?
condemnation of 1,250 cases of A. B. C. Brand marshmallow crenie, at Jersey?
City, N. J., alleging that the article had been shipped on or about July 17, 1920,?
by the American Marshmallow & Candy Co., Chicago, 111., and transported?
from the State of Illinois into the State of New Jersey, and charging misbrand??
ing in violation of the Food and Drugs Act, as amended. The cans contain??
ing the article Were labeled in pari, "A. B. C. Brand Marshmallow Creme * * !'?
American Marshmallow & Candy Company, Chicago, U. S. A. * '- * 8 ounces?
when packed."
>    Examination of 5 cans  by the  Bureau  of  Chemistry  of  tins  department?
showed an average net weight of 6.33 ounces.
Misbranding of the article was alleged in the libel for the reason that the?
package or label bore a statement, to wit, " 8 ounces when packed." which was?
false and misleading and deceived and misled the purchaser into the belief that?
the package contained 8 ounces of the article, whereas it contained a less?
amount, and for the farther reason that said article was food in package form,?
and the quantity of the contents was not plainly and conspicuously marked on?
the outside of the package in terms of weight or measure.
On October 5, 1920, the said American Marshmallow & Candy Co., by its?
representative, Fred E. Zvirin, New York, N. Y., having consented to a decree,?
judgment of condemnation aud forfeiture was entered, and it was ordered by?
the court that the product might be released to said claimant upon payment?
of the costs of the proceedings and the execution of a bond in the sum of?
$1,000, in conformity with section 10 of the act, conditioned in part that the?
product be relabeled under the supervision of this department.
E. D. BAIX, Acting Secretary of Agriculture.