9574. Adulteration and misbranding of sauerkraut.    U. S. v. 198 Cases of Sauer¬
kraut. Consent decree of condemnation. Fit portion of product ordered 
delivered   to   a   charitable   institution;    remainder   ordered   destroyed.
(F. D. C. No. 17548.   Sample Nos. 26286-H, 47072-H.)
LIBEL FILED :    On or about March 5, 1946, District of Colorado.
ALLEGED SHIPMENT: On or about December 21, 1945, by the W. B. Schneider 
Pickle and Vinegar Co., from Kansas City, Mo.
PRODUCT: 198 cases, each containing 12 2-pound jars, of sauerkraut at Denver, 
Colo. The jars contained an average of 19.82 ounces of drained kraut. Jars 
of this size should contain at least 25 ounces of drained kraut.
LABEL IN PART: "Schneider's Superior Fancy Old Fashioned Wisconsin 
Sauer Kraut."
NATURE OF CHARGE: Adulteration, Section 403 (b) (2), brine had been sub- 
stituted in whole or in part for sauerkraut.
Misbranding, Section 403 (d), the container of the article was so filled as 
to be misleading since the jars appeared to contain more sauerkraut than was 
actually the case.
DISPOSITION: April 26, 1946. The shipper having consented to the entry of a 
decree, judgment of condemnation was entered. A small portion of the product 
having been found to be in an active state of fermentation, that portion was 
ordered destroyed. The remainder of the sauerkraut was ordered distributed 
among several charitable institutions.