18813. Adulteration  and   Misbranding of  canned  grapefruit   juice.    IT.   S._
v. 15 Cases of Canned Grapefruit Juice. Default decree of con- 
demnation, forfeiture, and destruction. (F. & D. No. 26492. I. S. 
No. 11416.    S. No. 4798.)
Samples of canned grapefruit juice from the shipment herein described were 
found to contain undeclared added sugar and to be short of the declared volume.
On June 13, 1931, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 15 cases of canned grapefruit juice, remaining in 
the original unbroken packages at Sacramento, Calif., alleging that the article 
had been shipped by the Westcoast Fruit Co., Clearwater, Fla., on or about De- 
cember 8,1930, 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: (Can) 
" Dixie Dainty Brand Florida Grapefruit Juice Contents 11 ounces Pure Grape- 
fruit Juice Westcoast Fruit Co., Packers, Clearwater, Fla."
It was alleged in the libel that the article was adulterated in that a sub- 
stance, to wit, grapefruit juice containing undeclared added sugar, had been 
substituted for grapefruit juice, which the said article purported to be.
Misbranding was alleged for the reason that the statements, " Grapefruit 
Juice Contents 11 ounces Pure Grapefruit Juice," borne on the label, were false
and misleading, and deceived and misled the purchaser when applied to an 
article containing undeclared added sugar, and that was short weight. Mis- 
branding was alleged for the further reason that the article was food in 
package form and failed to bear a plain and conspicuous statement of the 
quantity of the contents, since the quantity stated on the label was not correct; 
and for the further reason that the article was offered for sale under the 
distinctive name of another article.
On August 3, 1931, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ABTHUB M. HYDE, Secretary of Agriculture.