0889. Misbranding of pickles. U. S. * * * v. 31 Cases of Sweet Mixed Pickles, IS Cases of Plain Soar Pickles, 16 Cases of Dill Pickles, 31 Cases of Sweet Plain Pickles, 14 Cases of Mixed Sour Pickles, and 5 Cases of Dill Pickles. Consent decree of condemnation and fox-- feitnre. Product released under bond. (F. & D. Nos. 15297, 15298, 15299, 15300. I. S. Nos. 11027-t, 11028-t, 11029-t, 11030-t, 11031-t. In. No. 34911. S. Nos. W-1000, W-10O2.) On August 2, 1921, the United States attorney for the Northern District of California, 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 31 cases of sweet mixed pickles, 18 cases of plain sour pickles, 21 cases of dill pickles, 31 cases of sweet plain pickles, and 14 cases of mixed sour pickles, remaining in the original unbroken packages at San Francisco, Calif., consigned by the Seattle & Paget Sound Packing Co., Seattle, Wash., alleging that the articles had been shipped from Seattle, Wash., on the respective dates, August 3 and September 17, 1920, and January 20, 1921, and transported from the State of Washington into the State of California, and charging misbranding in violation of the Food and Drugs Act, as amended. Misbranding of the articles was alleged in substance in the libel for the reason that they were labeled in part " 12 ozs.," which statement was false and mis- leading and deceived and misled the purchaser, since the contents were short of the declared volume. Misbranding was alleged for the further reason that the said articles were food in package form, and the quantity of the contents was not plainly and conspicuously marked on the outside of the packages in terms of weight or measure, since the amount declared was not correct. On August 30, 1921, Walter C. Zinn, San Francisco, Calif., claimant, having consented to a decree, judgment of condemnation and forfeiture was entered, and it was ordered by the court that the products be released to said claimant upon payment of the costs of the proceedings and the execution of a bond in the sum of $600, in conformity with section 10 of the act, conditioned in part that the mixed sour pickles be relabeled, "Weight Drained Contents 6f oz.," and the rest, " Weight Drained Contents 1\ oz." C. W. PUGSLEY, Acting Secretary of Agriculture.