13613. Misbranding: of molasses.    IT. S. v. 8 Cases and 6 Cases of Molasses.
Decree of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 15773.    I. S. Nos. 17017-t, 17018-t.    S. No. E^3804.)
On March 16, 1922, the United States attorney for the Western District of 
Virginia, 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 8 cases, each containing 6 cans, and 6 cases, each con- 
taining 12 cans, of molasses, remaining in the original unbroken packages at 
Lynchburg, Va., alleging that the article had been shipped by the Blackman- 
Morris Co., New Orleans, La., on or about November (7), 1921, and trans- 
ported from the State of Louisiana into the State of Virginia, and charging 
misbranding in violation of the food and drugs act. The article was labeled 
in part: (Can) "Morris Sugar House Brand Pure New Orleans Molasses 
* * * Packed By Blackman-Morris Co., New Orleans, La. * * * Num- 
ber 10 Net Average Weight 9 lbs. 8 oz." (or " Number 5 Net Average Weight 5 
lbs. 2 oz.").
Misbranding of the article was alleged in the libel for the reason that a por- 
tion of the cans were branded " Net Ayerage Weight 9 lbs. 8 oz.," and the re- 
mainder of the cans were branded " Net Average Weight 5 lbs. 2 oz.," whereas 
the said cans actually contained less than the quantities declared on the 
respective labels.
On August 1, 1922, the Blackman-Morris Co., New Orleans, La., having 
appeared as claimant for the property and having admitted the allegations of 
the libel, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the 
sum of $100, in conformity with section 10 of the act, conditioned in part that 
it be relabeled according to law.
R. W. DUNLAP, Acting Secretary of Agriculture.