22416. Misbranding of   canned  vegetables.     U.   S.   v.   68   Cases   of   Canned
Vegetables. Decree of condemnation and forfeiture. Product re- 
leased under bond to be relabeled. (F. & D. no. 32275. Sample no. 
66584—A.)
Sample cans of vegetables taken from the shipment involved in this case 
were found to contain less than 15 ounces, the labeled weight.
On March 10, 1934, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 68 cases of canned vegetables at 
Denver, Colo., consigned by La Choy Food Products, Inc., Detroit, Mich., alleg- 
ing that the article had been shipped in interstate commerce, on or about 
August 22 and November 25,1933, from Detroit, Mich., and charging misbranding 
93926—34 2
in violation of the Food and Drugs Act as amended. The article was labeled 
in part: (Can) " Contents 15 Oz. La Choy * * * Vegetables La Choy Food 
Products, Inc. Detroit, Mich."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Contents 15 Oz.", was false and misleading and deceived 
and misled the purchaser; and for the further reason that it was food in 
package form, and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package, since the statement made 
was incorrect.
On April 3. 1934, La Choy Food Products, Inc., having appeared as claimant 
for the property and having admitted the allegations of the libel, judgment of 
-condemnation and forfeiture was entered, and it was ordered by the court that 
the product be released to the claimant upon payment of costs and the execu- 
tion of a bond in the sum of $549.44, conditioned in part that it be relabeled 
under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.