18701. Misbranding and alleged Adulteration of canned grapefruit Juice. 
U. S. v. 150 Cases, et al., of Grapefruit Juice. Consent decree of 
condemnation    and    forfeiture.    Product    released    under    bond.
(F. & D. No. 26509.    I. S. Nos. 22812, 22813.    S. No. 4811.)
Examination of samples of canned grapefruit juice from the shipment herein 
described having shown that the cans contained less than the volume declared 
on the labels, also that portions of the article contained undeclared added 
sugar, the Secretary of Agriculture reported the matter to the United States 
attorney for the Northern District of California.
On June 17, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 150 cases each containing 24 cans, and 115 cases each containing 
48 cans of grapefruit juice, remaining in the original unbroken packa ;~ at 
San Francisco, Calif., alleging t lat the article had been shipped by the Nassau 
Packing Co., from Jacksonville, Fla., on or about May 6, 1931, and had been 
transported from the State of Florida into the State of California, and charg- 
ing adulteration and misbranding in violation of the food and drugs act as 
amended.
A portion of the article was labeled in part: (Can) "Florida Chief Pure 
[The word " Pure " was omitted on certain of the cans of this lot.] Grapefruit 
Juice Contents 1 Pt. 2 Fl. Oz. Packed by the Grapefruit Packing Co. S. C. 
Goffin, Jacksonville, Florida." The remainder of the said article was labeled 
in part: (Can) "Florida Chief Brand Slightly sweetened [On some cans the 
word " Pure " appeared in place of " Slightly sweetened."] Grapefruit Juice 
Contents 10 Ozs. packed by the Grapefruit Packing Company S. C. Goffin, 
Jacksonville, Florida."
It was alleged in the libel that the article was adulterated in that added 
sugar had been substituted in part for the said article.
Misbranding was alleged for the reason that the statements, on the can labels, 
" Contents 10 Ozs." and " Contents 1 Pt. 2 Fl. Oz.," were false and misleading 
and deceived and misled the purchaser when applied to an article which was 
short volume. 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. It was also alleged in 
the libel that the article, with the exception of the cans bearing the words, 
'? Slightly sweetened," was further misbranded in that the statements, " Grape- 
fruit Juice " and " Pure Grapefruit Juice," on the labels, were false and mislead- 
ing, and deceived and misled the purchaser; and for the further reason that 
it was offered for sale under the distinctive name of another article, to wit, 
grapefruit juice, which it purported solely to be.
On June 29, 1931, Hamilton & Rausher, San Francisco, Calif., having appeared 
as claimant for the property and having consented to the entry of a decree, 
judgment was entered finding the product misbranded and ordering its con- 
demnation and forfeiture, and it was further ordered by the court that the 
said product be released to the claimant upon payment of costs and the execu- 
tion of a bond in the sum of $200, conditioned in part that it be made to conform 
to the Federal food and drugs act under the supervision of this department.
ABTHTJB M. HTDE, Secretary of Agriculture.