1999. Misbranding of canned sauerkraut.     TJ. S. v. 524 Cases of Canned Sauer¬
kraut.     Consent   decree   of   condemnation.    Product   ordered   released 
under bond to be relabeled.     (F. D. C. No. 4481.    Sample No. 50955-E.)
This product was unlabeled when shipped to the consignee, but at the time 
of examination was labeled in part as follows: "Allen Brand Sauerkraut Fancy 
Quality."    It was not of Fancy quality because of off-color, odor, and flavor. *
On April 24, 1941, the United States attorney for the District of Maryland 
filed a libel against 524 cases, each containing 24 cans, of sauerkraut at Balti- 
more, Md., alleging that the article had been shipped in interstate commerce 
from Philadelphia, Pa., on or about January 28, 1941, by Union Premier Food 
Stores and that it remained in interstate commerce on the premises of A. J. 
Harris, Baltimore, Md.; and charging that it was misbranded in that the state- 
ment "Fancy Quality" was false and misleading as applied to an article that 
was not Fancy because of off-color, odor, and flavor. It was labeled in part: 
"Net weight 1 lb. 11 oz."
On May 15, 1941, A. J. Harris & Co., Baltimore, Md., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the 
product was ordered released under bond conditioned that it be relabeled under 
the supervision of the Food and Drug Administration.