26228. Misbranding of sirup.     U. S. v. 21 Cartons of Sirup.     Consent decree of
condemnation.    Product released under bond to be relabeled.    (F. & D.
no. 37587.    Sample no. 67039-B.)
This case involved interstate shipments of sirup the containers of which 
were short in volume.
On April 14, 1936, the United States attorney for the District of Oregon, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 21 cartons each containing 24 jugs 
of sirup at Portland, Oreg.. alleging that the article had been shipped in inter- 
state commerce on or about January 6 and February 5, 1936, by Lyons-Magnus, 
Inc., from San Francisco, Calif., and that it was misbranded in violation of 
the Food and Drugs Act The article was labeled in part: "Net Contents 
12 F. Ozs. * * * Lyons-Magnus, Inc. Fruit Products San Francisco, 
U. S. A."
The article was alleged to be misbranded In that the statement on the label 
"Net Contents 12 F. Ozs." was false and misleading and tended to deceive and 
mislead the purchaser; and in that it was food in'package form and the quan- 
tity of the contents was not plainly and conspicuously marked on the outside 
of the package, since the quantity stated was incorrect.
On May 1, 1936, Lyons-Magnus, Inc., claimant, having admitted the allega- 
tions of the libel and having consented to a decree, judgment of condemnation 
was entered, and it was ordered that the product be released under bond 
conditioned that it be relabeled.
HARRY L. BROWN, Acting Secretary of Agriculture.