11776. Adulteration, and misbranding' of sanerkrant. V. S. v. 44 Cases of
Sauerlsrant.     Decree   of   condemnation   and forfeiture.    Product
released under  bond.     (F.  &  D.   No.   17280.    I. S.  No.  9213-v.     S.   No. 
E-4304.)
On February 12, 1923, the United States attorney for the Northern Dis- 
trict of Ohio, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 44 cases of sauerkraut, remaining in the original un- 
broken packages at Cleveland, Ohio, alleging that the article had been shipped 
by the W. H. Killian Co., from Baltimore, Md., on or about November 22, 
1922, and transported from the State of Maryland into the State of Ohio, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act, as amended. The article was labeled in part: " Killian's Kuality * * * 
Sauer Kraut Contents 2 Lb. * * * Packed By W. H. Killian Co. Balti- 
more, U. S. A."
Adulteration of the article was alleged in the libel for the reason that ex- 
cessive brine had been mixed and packed with and substituted wholly or in 
part for the article.
Misbranding was alleged for the reason that the statement, " Kuality 
* *? * Sauer Kraut Contents 2 Lb.," together with a design showing a 
cabbage, were false and misleading and deceived and misled the purchaser. 
Misbranding was alleged for the further reason that the article was an imi- 
tation of and offered for sale under the distinctive name of another article, 
and for the further reason lhat it was food in package form, and the quantity 
of the contents was not plainly and conspicuously marked on the outside of 
the package.
On April 12, 1923, no claimant having appeared for the property, judgment 
?of the court was entered condemning the product and ordering that it be dis- 
posed of by destruction or sale, with the proviso that if a claimant should 
appear and pay the costs of the proceedings and file a bond in the sum of 
$100, in conformity with section 10 of the act, the product be delivered to the 
said claimant, conditioned in part that it be reconditioned. Subsequently the 
Brite-Mawnin Co., Cleveland, Ohio, appeared as claimant for the property and 
took it down under bond.
HOWARD M. GOBE, Acting Secretary of Agriculture.