18718. Adulteration and Misbranding of canned grapefruit juice.    U. S. v.
SO Cases of Canned Grapefruit Juice. Consent decree of con- 
demnation and forfeiture.   Product released under bond.    (F. & D. No.
26468.    I. S. No. 22810.    S. No. 4758.)
Examination of samples of canned grapefruit juice from the shipment herein 
described having shown that the article contained undeclared added sugar and
that the statement of the quantity of contents appearing on the label was made 
in terms of weight instead of liquid measure, the Secretary of Agriculture 
reported the matter to the United States attorney for the Northern District of 
California.
On June 9, 1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 50 cases of canned grapefruit juice, remaining in the original unbroken 
packages at San Francisco, Calif., alleging that the article had been shipped 
by the Polk Co., from Haines City, Fla., on or about April 2, 1931, and had 
been transported from the State of Florida into the State of California, and 
charging adulteration and misbranding in violation of the food and drugs act 
as amended * * * The article was labeled in part: " Commonwealth Brand 
Florida Grapefruit Juice * * * Contents 8 Oz. or 227 Grams Distributed by 
the Commonwealth Packing Co., San Francisco, Calif."
It was alleged in the libel that the article was adulterated in that added 
sugar had been substituted in part for the said article.
Misbranding was alleged for the reason that the statement on the can label, 
" Grapefruit Juice," was false and misleading and deceived and misled the 
purchaser. Misbranding was alleged for the further reason that the article was 
offered for sale under the distinctive name of another article, to wit, grape- 
fruit juice; and for the further reason that it was food in package form and 
failed to bear a plain and conspicuous statement on the outside of the package 
of the quantity of the contents, since the statement was made in terms of 
weight instead of liquid measure.
On June 24, 1931, the Public Food Stores (Inc.), San Francisco, Calif., having 
appeared as claimant for the property and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of costs and the execution of a bond in the sum of $150, conditioned 
in part that it should not be sold or otherwise disposed of contrary to law.
AETHTJB M. HYDE, Secretary of Agriculture.