21924. Misbranding of tomato juice. U. S. v. 49 Cases of Tomato Juice. 
Default decree of condemnation. Product delivered to charitable 
organizations.    (F. & D. no. 31697.    Sample no. 38665-A.)
This case involved a shipment of tomato juice that was short volume.
On December 8, 1983, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 49 cases of tomato 
juice at Los Angeles, Calif., alleging that the article had been shipped in inter- 
state commerce on or about April 7, 1933, by the Empire State Pickling Co., 
of Phelps, N.Y., from Philadelphia, Pa., and charging misbranding in viola- 
tion of the Food and Drugs Act as amended. The article was labeled in part: 
" Silver Floss Brand Tomato Juice Contents One Pint Four F. Oz. * * * 
Warranted to comply with all pure food laws."
It was alleged in the libel that the article was misbranded in that the 
statement, " Contents One Pint Four F. Oz.", was false and misleading and 
deceived and misled the purchaser, and for the further reason that the state- 
ment on the label, " Warranted to comply with all pure food laws ", was mis- 
leading since it created the impression that the article had been approved by 
the United States Government and that the Government guaranteed it to 
comply with the law, whereas it had not been so approved and was not so 
guaranteed. 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, since the statement 
of quantity was incorrect.
On February 23, 1934, no claimant having appeared for the property, judg- 
ment of condemnation was entered. The court ordered that the product be 
delivered to charitable organizations, since it contained nothing deleterious 
and was fit for human consumption.
M. L. WILSON, Acting Secretary of Agriculture.