22488. Misbranding of  apple   butter.     U.   S.  v.   18   Cases   of   Apple  Butter.
Default decree of condemnation, forfeiture, and sale.     (F. & D. no.
31935.    Sample no. 65003-A.)
Sample jars of apple butter taken from the shipment in this case were found 
to contain less than 2 pounds, the labeled weight.
On February 3, 1934, the United States attorney for the Northern District 
of Indiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 18 cases of apple 
butter at Fort Wayne, Ind., alleging that the article had been shipped in inter- 
state commerce, on or about November 22, 1933, by the Allison Bedford Co., 
from Chicago, Ill., and charging misbranding in violation of the Food and 
Drugs Act as amended.   The article was labeled in part: " Contents two lbs.
99612—35 2
Perfect P Brand Fancy Apple Butter Packed for A. H. Perfect & Co., Fort 
Wayne, Ind."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label representing that the jars contained 2 pounds of apple butter, 
was false and misleading and deceived and misled the purchaser, since they 
contained substantially less than 2 pounds. 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 stated on the label, since the 
statement made was incorrect.
On May 4, 1934, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be labeled, "Net Weight 1 Lb. 15 Oz." and sold by the United States 
marshal.
M. L. WILSON, Acting Secretary of Agriculture.