United States v. 250 Jars "Cal's Tupelo Blossom U.S. Fancy Pure Honey"

McALLISTER, Senior Circuit Judge.

The United States brought a libel proceeding for the condemnation, under Section 304(a) of the Federal Food, Drug and Cosmetic Act, as amended, Title 21, U.S.C.A. § 334(a) of a quantity of allegedly misbranded honey, sold by claim*289ant-appellant at one of its stores located in Detroit, Michigan.

Upon stipulated facts, and after argument, the District Court entered an order of condemnation for misbranding of the honey, from which claimant appeals.

It appears that the honey which was condemned was displayed on shelves in appellant’s retail store, on top of which…