19243. Misbranding of tomato juice.     U. S. v. 20%   Cases  of Tomato Juice.
Default  decree   of   condemnation,  forfeiture,   and  sale.     (F.   &   D.
No   27313.    I. S. No. 42519.    S. No. 5483.)
Examination of samples of tomato juice from the shipment herein described 
having shown that the cans contained less than the declared volume, the Secre- 
tary of Agriculture reported the matter to the United States attorney for the 
Northern District of New York.
On December 5, 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 2OV2 cases of tomato juice at Syracuse, N. Y., alleging that the 
article had been shipped by Edgar F. Hurff, from Swedesboro, N. J., on or 
about August 18, 1931, and had been transported in interstate commerce from 
the State of New Jersey into the State of New York, and charging misbranding 
in violation of the food and drugs act as amended. The article was labeled in 
part: (Can) "Hurff Brand Tomato Juice * * <* Contents 13 Fluid 
Ozs. * * * Tomato Juice Cocktail To This 13 Oz. Tin Tomato Juice 
add    *    *    *    Packed by Edgar F. Hurff, Swedesboro, New Jersey."
It was alleged in the libel that the article was misbranded in that the state- 
ments," " Contents 13 Fluid Ozs.    *    *    *    This 13 Oz. Tin.," were false and
misleading and deceived and misled the purchaser. Misbranding was further 
alleged for the 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, since the statement made was incorrect.
On January 13, 1932, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be sold at public auction by the United States marshal 
and that it should not be resold until labeled in compliance with the law.
ABTHTJB M. HYDE, Secretary of Agriculture.