29210. Adulteration and misbranding of table sirup.     U. S. v. 46 Cans of Sirup.
Default decree of condemnation and destruction.     (F. & D. No. 42937. 
Sample Nos. 21232-D, 21519-D, 25380-D.)
This product was decomposed and contained undeclared salt. It was also 
short of the declared volume.
On June 20, 1938, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 46 cans of sirup at 
New York, N. Y.; alleging that the article had been shipped in interstate com-
merce on or about April 18, 1938, by Nectar Syrup Co., from New York, N. Y., 
to Detroit, Mich., and that it had been reshipped by the consignee on or about 
May 25, 1938, to the Nectar Syrup Co., New York, and charging adulteration 
and misbranding in violation of the Food and Drugs Act as amended. The 
article was labeled in part: "Nectar Brand Table Syrup * * * Manufac- 
tured by Nectar Syrup Co., New York, N. Y.   Contents One Gallon Net."
It was alleged to be adulterated in that it consisted in whole or in part of a 
decomposed vegetable substance.
It was alleged to be misbranded in that the statement "Contents One Gallon 
Net" was false and misleading and tended to deceive and mislead the purchaser 
since it was short volume; in that it was labeled so as to deceive and mislead 
the purchaser since it contained salt, the presence of which was not declared 
on the label; and in that it was food in package form and the quantity of con- 
tents was not plainly and conspicuously marked on the outside of the package 
since the quantity stated was not correct.
On July 9, 1938, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.