19648. Misbranding of rice.    U. S. v. 4,360 Bag's, et al., of Rice.    Consent
decrees of condemnation and forfeiture. Product released under 
bond. (F. & D. Nos. 27677, 27678, 27680 to 27686, incl., 27990. I. S. Nos. 
22892, 22893, 32427 to 32433, incl., 32740. S. Nos. 5758, 5759, 5762, 5763, 
5766, 5771, 5772, 5774, 5775, 6032.)
The rice in the various shipments involved in this action was labeled " Extra 
Fancy," whereas it was found to be of a lower grade.
On January 19 and April 6, 1932, the United States attorney for the District 
of Hawaii, acting upon a report by the Secretary of Agriculture, filed in the 
District Court cf the United States for the Territory of Hawaii, libels praying 
seizure and condemnation of 4,360 bags and 50 bags of rice, alleging that the 
article had been shipped in 11 different lots from San Francisco, Calif., to 
Honolulu, Hawaii, and that it was misbranded in violation of the food and 
drugs act. One lot, consisting of 75 bags, covered by the first described libel, 
was not seized, but was later libeled as set out in Notice of Judgment No. 
19547. The 4,335 bags which were seized were shipped on the following dates 
by various consignors: 500 bags by Rosenberg Bros. & Co., on cr about January 
8, 1932; 500 bags, 100 bags, and 300 bags, by C. E. Grosjean Rice Milling Co., 
on or about January 11, 1932; 150 sacks and 450 sacks by the Capital Rice 
Mills, on or about January 11,1932; 135 bags and 2,000 bags by Fred L. Waldron 
(Ltd.), on or about January 12, 1932, and 50 bags by the same shipper on or 
about March 29, 1932, and 150 sacks by F. M. Nonaka & Co., on or about 
January 15, 1932.   The article was labeled in part: " Extra Fancy."
Misbranding was alleged in the libel filed with respect to the greater part of 
the said article for the reason that it was labeled, " Extra Fancy," which is a 
trade designation of a certain quality of rice, and that the article had been 
graded and found not to be Extra Fancy, and that such label was false and mis- 
leading. Misbranding was alleged with respect to the product contained in 50 
sacks for the reason that it was labeled, " Best Grade California Extra Fancy 
Rice," which label was false and misleading and deceived and misled the pur- 
chaser, since it represented that the article was of an Extra Fancy grade, 
whereas it was of a different and lower grade, namely, " Fancy."
On January 20, January 21, and April 8, 1932, Fred L. "Waldron (Ltd.), 
T. Hata & Co., Fujii Junichi Shoten (Ltd.), and the Hilo Mills Co. (Ltd.), 
Hawaiian corporations, and Marusan Shokai, Honolulu, Hawaii, S. Hata Shoten, 
Hilo, Hawaii, Kyosadi Bros., Hilo, Hawaii, and the Hawaiian Mutual Supply 
Co., Hila, Hawaii, having appeared as claimants for respective portions of the 
article, and having consented to the entry of decrees, judgments of condemnation 
and forfeiture were entered. The said claimants having paid their pro rata 
costs of the libel proceedings, and having executed good and sufficient bonds to
the effect that the product would not be sold or otherwise disposed of contrary 
to the Federal food and drugs act or the laws of the Territory of Hawaii, the 
court ordered that it be released to the respective claimants.
ABTHTJB M. HYDE, Secretary of Agriculture.