19091. Adulteration   and   Misbranding of  loganberry   juice.    U.   S.  v.   104
Cases of Loganberry Juice. Consent decree of condemnation and 
forfeiture. Product released under bond. (F. & D. No. 27046. I. S. 
No. 40028.    S. No. 5232.)
Samples of loganberry juice from the shipment herein described having been 
found to contain added water, the Secretary of Agriculture reported the matter 
to the United States attorney for the Northern District of Illinois.
On or about October 15, 1931, the United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure and 
condemnation of 104 cases of loganberry juice at Chicago, Ill., alleging that the 
article had been shipped by the Northwest Canning Co., from Salem, Oreg., on 
or about July 24, 1931, and had been transported from the State of Oregon
into the State of Illinois, and charging adulteration and misbranding in viola- 
tion of the food and drugs act. The article was labeled in part: (Cases) 
•" Northwest Canning Company, Salem, Oregon, USA Phez Pure Juice of the 
Loganberry;" (bottles) " To drink add two parts water. Phez pressed from 
luscious Oregon loganberries. Sugar added. * * * Net contents 32 Fluid 
Ozs."
It was alleged in the libel that the article was adulterated in that added 
water had been substituted in part for pure loganberry juice, which the said 
article purported to be.
Misbranding was alleged for the reason that the statements, (case) " Pure 
juice of the loganberry" and (bottle) "Luscious Oregon loganberry," were 
false and misleading, and deceived and misled the purchaser when applied to 
loganberry juice containing added water; and for the further reason that it was 
offered for sale and sold under the distinctive name of another article. Mis- 
branding was alleged for the further reason that the article was food in pack- 
age form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package, since the statement of the contents was 
not in terms of the largest unit.
On December 8, 1931, Luman R. Wing & Co., Chicago, Ill., 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 for relabeling 
under the supervision of this department, upon the payment of costs and the 
execution of a bond in the sum of $1,000, conditioned in part that it should 
not be sold or otherwise disposed of contrary to the provisions of the food and 
drugs act, or to the laws of any State, Territory, district, or insular possession.
AKTHUB M. HYDE, Secretary of Agriculture.