10858.?Adulteration and misbranding: of tea.    IT. S. v. 75 Cans of Tea.    De?
fault decree of condemnation, forfeiture, and destruction.     (F. &
D. No. 15969.    I. S. No. 3109-t.    S. No. C-3418.)
On February 4, 1922, the United States attorney for the Western District of?
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel for the seizure and?
condemnation of 75 cans of tea, remaining in the original unbroken packages at?
Louisville, Ky., consigned by the Bohea Importing Co., Baltimore, Md., alleging?
that the article had been shipped on or about December 3, 1921, and transported?
from the State of Maryland into the State of Kentucky, and charging adultera??
tion and misbranding in violation of the Food and Drugs Act, as amended.?
The article was labeled in part: " King George * * * Flowery Orange Pekoe?
Ceylon-India Tea Bohea Importing Co. Baltimore, U. S. A. King George?
Ceylon-India Tea is an expert blending of very choice growths from the High?
Altitude Districts. It will be enjoyed for matchless qualities of drink * * *?
I Pound Net Weight When Packed."
Adulteration of the article was alleged in the libel for the reason that a?
grade or grades of tea other than Flowery Orange Pekoe had been mixed and?
packed with and substituted wholly or in part therefor.
Misbranding was alleged for the reason that the statements, "Flowery?
Orange Pekoe * * * i Pound Net Weight When Packed," were false and?
misleading, and deceived and misled the purchaser, and for the further reason?
that said article was [food] in package form, and the quantity of the contents?
was not plainly and conspicuously marked on the outside of the package.
On May 29, 1922, 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.
C. F. MARVIN, Acting Secretary of Agriculture.