22798. Misbranding of beer.    U.  S. v. 486  Cases  of Beer.     Consent  decree
of condemnation and forfeiture.    Product released under bond to 
be relabeled.     (F. & D. no. 32802.    Sample no. 66508-A.)
This case involved a shipment of beer labeled, " Contains Not More than 
6% Alcohol by Volume", the statements, " Not More than", being in small 
inconspicuous type, and the statement, " 6% Alcohol by Volume ", being in large 
type prominently displayed. Analysis of the article showed that it contained 
5.22 percent of alcohol.
On June 1, 1934, the United States attorney for the Southern District of 
Mississippi, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 486 cases of beer 
at Jackson, Miss., alleging that the article had been shipped in interstate com- 
merce, on or about May 23, 1934, by the Jackson Brewing Co., from New 
Orleans, La., and charging misbranding in violation of the Food and Drugs 
Act.   The article was labeled in part: " Jax Beer."
It was alleged in the libel that the article was misbranded in that the state- 
ment, "Contains not more than 6% Alcohol by Volume", was false and mis- 
leading and tended to deceive and mislead the purchaser, since it was intended 
to convey the impression that the article contained 6 percent of alcohol, 
whereas it contained not more than 5.22 percent of alcohol.
On June 15, 1934, the Jackson Brewing Co., New Orleans, La., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant, upon pay- 
ment of costs and the execution of a bond in the sum of $1,000, conditioned that 
it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.