25689. Misbranding of honey.     U.  S. v. Thirty-three 5-Pound Pails and Thirty
21-Ounce Jars of Honey, and other cases. Default decrees of con- 
demnation. Product ordered delivered to charitable or relief organi- 
zations. (F. & D. nos. 36628 to 36631, incl., 36648. Sample nos. 42519-B, 
42553-B, 42554-B, 50427-B, to 50430-B, incl., 50432-B.)
These cases involved various shipments of honey that were short in weight.
On November 18, November 21, and November 25, 1935, the United States 
attorney for the Middle District of Pennsylvania, acting upon reports by the 
Secretary of Agriculture, filed in the district court libels praying seizure and 
condemnation of one hundred and sixty-seven 5-pound pails, five hundred and 
fifty-two 21-ounce jars, eighty-four 12-ounce jars, and one hundred and forty-four 
7%-ounce jars of honey in various lots, at Lakewood, Carbondale, Scranton, and 
Wilkes-Barre, Pa., alleging that the article had been shipped in interstate com- 
merce between the dates of December 10, 1934, and October 28, 1935, by L. E. 
Rogers, from Binghamton, N. Y., and charging misbranding in violation of the 
Food and Drugs Act as amended. A portion of the article was labeled: "5 Lbs. 
[or "21 oz." or "12 ozs."] Net Wt. Pure Honey Put up by L. E. Rogers * * * 
Binghamton, N. Y." The remainder was labeled: "Wilco Brand Honey Contents 
7% Oz. Avoir, [or "21 Ounces"] Distributed by Williams Bros. & Co. Wilkes 
Barre, Pa."
The article was alleged to be misbranded in that the statements on the labels, 
"5 Lbs. Net Wt.", "21 Ozs. Net Wt.", "12 Ozs. Net Wt.", "Contents 7% Oz. 
Avoir.", and "Contents 21 Ounces", were false and misleading and tended to 
deceive and mislead the purchaser. Misbranding was alleged for the further 
reason that the article was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement made was incorrect.
On December 30, 1935, and January 3, 1936, no claimant having appeared, 
judgments of condemnation were entered and it was ordered that the product be 
delivered to charitable or relief organizations.
W. R. GREGG, Acting Secretary of Agriculture.