17359. Misbranding of   canned   grapefruit.    V.   S.   v.   50   Cases   of   Canned
Grapefruit. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 24714. I. S. No. 024541. 
S. No. 3060.)
On April 8, 1930, the United States attorney for the Eastern District of New 
York, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying seizure and con- 
demnation of 50 cases of canned grapefruit, remaining in the original packages 
at Brooklyn, N. Y., alleging that the article had been shipped by the La Isabella 
Grove Co., from San Juan, P. R., on or about April 3, 1930, and transported 
from Porto Rico into the State of New York, and charging misbranding in 
violation of the food and drugs act. The article was labeled in part: (Cases) 
" Fruits of California Packed at San Jose, Santa Clara County, California, by 
the San Jose Fruit Packing Company;" (can) "Packed where Grown Specially 
for San Jose Fruit Packing Company, San Jose, California."
It was alleged in the libel that the article was misbranded in that the state- 
ments, " Fruits of California, * * * Packed at San Jose, Santa Clara 
County, California, by the San Jose Fruit Packing Co., San Jose, California," 
borne on the label, were false and misleading and deceived and mislead the pur- 
chaser when applied to grapefruit grown and packed in Porto Rico. Misbrand- 
ing was alleged for the further reason that the article was misbranded as to 
State of origin, was intended for export to a foreign country, and was not 
labeled so as to show that it was intended for export and prepared or packed 
according to specifications or directions of the foreign purchaser, nor had it 
been established by the shipper that the article was so prepared or packed.
On May 6, 1930, the California Packing Corporation (Inc.), a California 
corporation, claimant, having admitted the allegations of the libel and having 
consented to the entry of a decree, 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 costs and the execution of a bond in the 
-sum of $250, conditioned in part that it be relabeled so that it comply with 
the requirements of the Federal food and drugs act and all laws relating 
thereto.
ARTHUR M. HYDE. Secretary of Agriculture.