26893. Misbranding of shelled peKans.     V. S. v. 195%  Cases of Shelled PeKans.
Decree of condemnation.    Product released under bond for relabeling;.
(F. & D. no. 38813.    Sample no. 12259-C.)
The containers of this product had a false bottom and bore an erroneous 
declaration of the quantity of the contents.
On December 14, 1936, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 195% cases, each con- 
taining 12 cardboard baskets, of shelled pecans, at Somerville, Mass., alleging 
that they had been shipped in interstate commerce on or about November 18, 
1936, by the Southland Pecan Co. Inc., from Columbus, Ga., and charging mis- 
branding in violation of the Food and Drugs Act as amended. They were labeled 
in part: "Fresh Gold Medal Shelled Nuts Net Weight 7 [the figure 7 had been 
written over a printed figure 6] Oz. when packed Southland Pecan Co. Inc. 
Columbus, Ga."
The article was alleged to be misbranded in that the statement "Net Wt. 7 
Oz." was false and misleading and tended to deceive and mislead the purchaser 
when applied to an article in packages containing less than 7 ounces. Misbrand- 
ing was alleged for the further reason that the package was slack-filled and 
bore a device, namely, a cardboard false bottom, which was misleading since the 
package did not contain the quantity of food it purported to contain. Misbrand- 
ing 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 quantity stated was not correct.
On January 4, 1937, the Southland Pecan Co. Inc., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and it was 
ordered that the product be released under bond conditioned that the old 
labels be destroyed and new labels affixed correctly describing the product.
W. R. GBEGG, Acting Secretary of Agriculture.