18725.  Misbranding of  maple  sirup.     V.   S.  v.  30  Cartons  of  Maple Sirup.
'     Consent   order   entered  providing;   for   release   of   product under
bond  to  toe relabeled.    (F.  &  D.  No.  26452.    I.   S.   No. 28359. S.  No. 
4739.)
Sample cans of maple sirup from the shipments herein described having 
been found to contain less than the declared quantity of contents, the Secretary 
of Agriculture reported the matter to the United States attorney for the West- 
ern District of Pennsylvania. 
, i
On May 28, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 30 cartons of maple sirup, remaining in the original unbroken 
packages at Pittsburgh, Pa., alleging that the article had been shipped by 
Bigney & Co., from Brooklyn, N. Y., in part on or about October 7, and in 
part on or about October 11, 1930, and had been transported from the State 
of New York into the State of Pennsylvania, and charging misbranding in 
violation of the food and drugs act as amended. The article was labeled in 
part: (Carton) "6-10-lb. Cans;" (can) "DeLuxe Brand G. S. D. Vermont Pure 
Maple Syrup Net Weight 10 Lbs. Distributed by George S. Daugherty Co., 
New York, Pittsburgh, Chicago."
It was alleged in the libel that the article was misbranded in that the state- 
ments on the shipping carton, "10 lb.," and on the cans, "Net Weight 10 
Lbs.," were false and misleading and deceived and misled the purchaser. Mis- 
branding was alleged for the further reason that the article was in package 
form and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package.
The George S. Daugherty Co., Pittsburgh, Pa., entered an appearance as 
claimant for the property and filed an answer admitting the allegations of the 
libel and consenting to the entry of a decree of condemnation and forfeiture. 
On July 28, 1931, judgment of the court was entered nunc pro tunc as of June 
25, 1931, ordering that the product be released to the claimant for the purpose 
of relabeling under the supervision of this department, upon the execution of 
a bond in the sum of $250, and it was further ordered by the court that claimant 
pay costs of the proceedings.
ABTHXJB M. HYDE, Secretary of Agriculture.