10649. Adulteration and misbranding of sauerkraut.    U. S. v. 266 Oases    *    *    *
(and 4 other seizure1 actions).     (F. D. C. Nos. 17530, 19582, 19658, 20053, 
20065.    Sample Nos. 58223-H, 58272-H, 58280-H, 59020-H, 59026-H.)
LIBELS FILED :   Between the approximate dates of February 25 and June 7, 1946,
District of Montana. 
ALLEGED SHIPMENT :   On or about December 27, 1945, and January 4 and 5,1946,
by the Oelerich and Berry Co., from Chicago, Ill.
PRODUCT:    Sauerkraut.   414 cases at Butte, 103 Cases at Bozeman, 214 cases-
at Missoula, and 44 cases at Livingston, Mont.   Each case contained 12 jars.
Examination showed that the article was short-voltime and that, because of
the tendency of kraut to disperse in the packing medium, the jars 'appeared to
contain more kraut than was actually the case.
LABEL IN PART : (Jar) "Chipico Home Style Sauer Kraut Contents 1 Quart 
Chicago Pickle Co., Inc., Chicago, Ill."
NATURE OF CHARGE: Adulteration, Section 402 (b) (2), brine had been sub- 
stituted in part for sauerkraut.
Misbranding, Section 403 (d), the container of the article was so filled as 
to be misleading; and, Section 403 (e) (2), the article failed to bear a label 
containing an accurate statement of the quantity of the contents.
DISPOSITION : On August 20 and 21,1946, the Chicago Pickle Co., Inc., claimant, 
having admitted the allegations of the libels, judgments of condemnation 
were entered and the product was ordered released under bond, conditioned 
that it be repacked in compliance with the law, under the supervision of the 
Food and Drug Administration. On April 22,1947, the claimant having failed 
to comply with the conditions of the decree, the court ordered the product 
delivered to a public hospital.