12121. Misbranding'  of  sweet  mixed  pickles.     U.  S.   v.  44  Cases   of   Sweet
Mixed   Piefcles.    Decree    entered    ordering-    release    of    product.
(F. & D. No. 17040.    I. S. Nos. 79691-v, 7970-T.    S. NO. W-1258.)
On December 16, 1922, the United States attorney for the District of Arizona, 
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 condemna- 
tion of 44 cases, each containing 4 dozen cans of sweet mixed pickles, at 
Phoenix, Ariz., alleging that the article had been shipped by the California 
Conserving Co., Hayward, Calif., in part on or about June 9 and in part on or 
about September 30, 1922, and transported from the State of California into 
the State of Arizona, and charging misbranding in violation of the Food and 
Drugs Act, as amended. The article was labeled in part: (Can) "The Cali- 
fornia Home Brand Sweet Mixed Pickles * * * Packed By California 
Conserving Co. San Francisco, U. S. A. * * * Total Contents 13 Oz. 
Drained Contents 9 Oz."
Misbranding of the article was alleged in the libel for the reason that the 
statements, " Total Contents 13 Oz. Drained Contents 9 Oz.," appearing in the 
labeling, were false and misleading and deceived and misled the purchaser, 
in that the total contents was not 13 ounces nor was the drained contents 9 
ounces. Misbranding was alleged for the further reason that the article was 
[food] in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package.
On May 21, 1923, Haas, Baruch & Co., Phoenix, Ariz., having appeared as 
claimant for the property, judgment of the court was entered ordering that 
the product be released to the said claimant upon showing that the costs of 
the proceedings had been paid and the said product relabeled.
C. F. MAKVIN, Acting Secretary of Agriculture.