4899. Misbranding of gift boxes.    U.'S. v. 68 Boxes containing an assortment
of Cookies, Pretzels, Nuts, Candy, Jelly, and Jam. Default decree en- 
tered ordering product delivered to a charitable institution.     (F. D.  C.
No. 9093.   Sample No.-7936-F.)
On December 31, 1942, the United States attorney for the District of Min- 
nesota filed a libel against 68 boxes containing an assortment of food, alleging 
that the article had been shipped in interstate commerce on or about December 
1, 1942, by R. L. Albert & Son, Inc., New York, N. Y.; and charging that it was 
misbranded. The article was labeled in part: (Jelly) "Grape Flavor Apple 
Jelly   *    *    *    Net 1% Oz.," or (jam)  "Pure Gooseberry Jam 2 Ozs. Net."
The article was alleged to be misbranded (1) in that the statements on the 
jar of jelly "Net 1% Oz.," on the jar of jam "2 Ozs. Net," and on the box "Net 
1 Lb. 5 Oz." were false and misleading as applied to articles that were short 
weight; (2) in that it was in package form and failed to bear a label containing 
an accurate statement of quantity of the contents; and (3) in that statement 
of the quantity of the contents, required by the act to appear on the label, was 
not prominently placed thereon with such conspicuousness (as compared with 
other words, statements, designs, or devices in the labeling) as to render it 
likely to be read by the ordinary individual under customary conditions of 
purchase and use.
On March 12, 1943, no claimant having appeared, the product was ordered 
delivered to a charitable institution. •