21633. Misbranding of canned boneless chicken.    V. S. v. 19%  Dozen Jars
of   Canned   Chicken.     Consent   decree  of  condemnation  and.   for- 
feiture.     Product  released under bond to be relabeled.     (F.  & D.
no. 31163.    Sample no. 55507-A.)
Sample jars of boneless chicken taken from the shipment involved in this 
case were found to contain less than 11 ounces, the labeled weight.
On September 27, 1933, the United States attorney for the Eastern District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 19% dozen jars 
of canned boneless chicken at Philadelphia, Pa., alleging that the article had 
been shipped on or about June 1,1933, by Elmwood Farm, from North Leomins- 
ter, Mass., and charging misbranding in violation of the Food and Drugs Act 
as  amended.   The  article  was  labeled  in  part:   "Elmwood  Farm   Boneless
Chicken Net Weight 11 Oz. Packed by Elmwood Farm Co., North Leominster, 
Mass."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, •' Net Weight 11 Oz.", was false and misbranding and deceived 
and misled the purchaser. Misbranding was alleged for the further reason 
that the article was food in package form and the quantity of the contents was 
not plainly and conspicuously marked on the outside of the package, since the 
statement made was incorrect.
On October 13, 1933, the Thomas C. Fluke Co., Philadelphia, Pa., having 
appeared as claimant for the property, judgment of condemnation and for- 
feiture was entered and it was ordered by the court that the product be released 
to the claimant upon payment of costs and the execution of a bond in the sum of 
$200, conditioned that it be relabeled under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.