26071. Misbranding of relish and pickles.     IT. S. v. Nine and One-half Cases of
Sea-Food and Barbecue Relish, et al. Default decree of condemnation 
and destruction. (F. & D. no. 37647. Sample nos. 48909-B to 48914-B, 
incl.)
This case involved a shipment of relish and pickles in jars on which the 
labels did not state correctly the quantity of contents.
On April 24, 1936, the United States attorney for the Eastern District of 
South Carolina, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of nine and one-half 
cases of sea-food and barbecue relish, and 64 cases of pickles at Bishopville, 
S. C, alleging that the articles had been shipped in interstate commerce on or 
about March 12, 1936, by the Orrlnger Pickle Co., from New Bern, N. C, and 
charging misbranding in violation of the Food and Drugs Act as amended. The 
articles were variously labeled in part: (Jars) "Carolina Maid Brand One Pint 
[or 8 Ozs.] Seafood and Barbecue Relish [or "Sweet Mixed Pickles, etc."] 
Packed by The Orrlnger Pickle Company, New Bern, N. C."
The articles were alleged to be misbranded in that the statements on the 
labels, "One Pint" or "8 Ozs.", as the case might be, were false and misleading 
and tended to deceive and mislead the purchaser when applied to products that 
were short in volume; and in that they were food in package form and the 
quantity of contents was not plainly and conspicuously marked on the outside 
of the package since the quantity stated was not correct.
On June 2, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the products be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.