24222. Misbranding of   brandy.    XT.   S.   v.   4%    Gases,   et   al.,   of   Brandy.
Decree of condemnation.    Product released under bond to be re- 
labeled.     (F. & D. no. 33435.    Sample nos. 7151-B, 7152-B, 7153-B.)
This case involved interstate shipments of three lots of brandy which was 
found to contain a smaller proportion of alcohol than declared on the label. 
Two of the lots were found to be short in volume.
On or about September 12, 1934, the United States attorney for the District 
of Connecticut, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 13*4 cases of 
brandy at New Haven, Conn., alleging that the article had been shipped in 
interstate commerce on or about June 7 and June 8, 1934, by the Old Prescrip- 
tion Co., Inc., from Jersey City, N. J., and charging misbranding in violation of 
the Food and Drugs Act as amended. The article was labeled in part: " Belle 
of France Brand
' Straight Brandy 90 Proof An American Product Old Prescrip- 
tion Co. Jersey City, N. J. Contents 25/32 of a Quart [or " Contents % of 1 
Pint" or "Contents 1 Pint"]."
The article was alleged to be misbranded in that the statement " 90 Proof " 
appearing on the label, was false and misleading and tended to deceive and 
mislead the purchaser, since the alcohol contained was found to be less than 
90 proof. Misbranding was alleged with respect to portions of *"he product 
for the further reason that the statements on the labels, " Contents 25/32 of 
a Quart" and " Contents 1 Pint", were false and misleading and tended to 
deceive and mislead the purchaser, since the bottles were short of the declared 
volume. Misbranding of the said lots that were short volume was alleged for 
the further reason that the article was food in package form and the quantity 
of its contents was not plainly and conspicuously marked on the outside of the 
package since the statements made were incorrect.
On January 5, 1935, the Old Prescription Co., Inc., having appeared as elaim- 
, ant for the property, judgment of condemnation was entered and it was ordered 
that the product be released under bond, conditioned that it be relabeled under 
the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.