22426. Misbranding of honey.     IT.  S. v. 26 Cartons of Honey.    Consent de¬
cree of condemnation and forfeiture. Product released under 
bond to be refilled to declared -weight. (F. & D. no. 32337. Sample 
no. 66981-A.)
Sample jars of honey taken from the shipment involved in this case were 
found to contain less than 8 ounces, the labeled weight.
On March 19, 1934, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 26 cartons of honey 
at Jersey City, N. J., alleging that the article had been shipped in interstate 
commerce, on or about August 16, 1933, by Preserves & Honey, Inc., from New 
York, N. Y., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: " H. & H. Pure Honey 8 
Ounces Net Wt."
It was alleged in the libel that the article was misbranded in that the state- 
ment "8 ounces net wt.", borne on the label, was false and misleading and 
tended to deceive and mislead 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 April 23, 1934. Preserves & Honey, Inc., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judg- 
ment of condemnation and forfeiture 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 the jars be filled 
so that they contain at least 8 ounces.
M. L. WILSON. Acting Secretary of Agriculture.