18919. Adulteration and Misbranding of canned orange juice.    U. S. v. 48
Cases of Canned Orange Juice.    Decree of condemnation and for- 
feiture,  -with   provision   for  release  under  bond  for   relabeling.
(F. & D. No. 26422.    I. S. No. 12520.    S. No. 4716.)
Samples of canned orange juice from the shipment herein described having 
been found to contain added sugar, and the cans examined having been found 
to contain less than the declared volume, the Secretary of Agriculture reported 
the matter to the United States attorney for the Eastern District of Washington.
On May 23, 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 48 cases of canned orange juice, remaining in the original un- 
broken packages at Spokane, Wash., alleging that the article had been shipped 
by the Orlando Canning Co. (Inc.), from Orlando, Fla., on or about March 
10, 1931, and had been transported from the State of Florida into the State 
of Washington, and charging adulteration and misbranding in violation of 
the food and drugs act as amended. The article was labeled in part*. (Can) 
"Heart of Florida * * * Orange Juice Contents IOY2 Fid. Ozs. or 297 
Grams   *    *    *   Packed by Orlando Canning Co. Inc. Orlando, Florida."
It was alleged in the libel that the article was adulterated in that orange 
juice containing added sugar had been substituted for orange juice.
Misbranding was alleged for the reason that the statements on the label, 
"Orange Juice Contents 10% Fid. Ozs. or 297 Grams," were false and mis- 
leading and deceived and misled the purchaser. Misbranding was alleged for 
the further reason that the article was in package form and the quantity of 
the contents was not conspicuously marked on the outside of the package, 
since' the statement made was incorrect.
On July 21,1931, a decree was entered condemning and forfeiting the property 
and ordering that it be destroyed by the United States marshal. The decree 
provided, however, that the product might be released to the claimant, the 
Roundup Grocery Co., Spokane, Wash., upon payment of costs, within 20 days 
from the date of the decree, and the execution of a bond in the sum of $100,
conditioned in part that it be relabeled, and that it should not be sold or 
otherwise disposed of contrary to the Federal food and drugs act, or the laws 
of any State, Territory, or insular possession.
ABTHUB M. HYDE, Secretary of Agriculture.