20655. Misbranding of canned pimientos.     IT.  S. v.  5 Cases  of Canned Pi- 
mientos. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. no. 29165.    Sample no. 16702-A.)
This action was based on the interstate shipment of a quantity of canned 
pimientos, sample jars of which were found to contain less than the declared 
-weight.
On November 5, 1932, the United States attorney for the Middle District of 
North Carolina, 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 five cases of canned pimientos, remaining 
in the original packages at Winston-Salem, N.C., alleging that the article had 
been shipped in interstate commerce on or about August 12, 1932, by the Sumter 
Packing Co., Inc., from Sumter," S. C, to Winston-Salem, N. C, and charging 
misbranding in violation of the Food and Drugs Act as amended. The article 
was labeled in part: " Sumter Brand Sweet Red Pimientos, Contents 7 Ozs. 
Packed by the Sumter Packing Co., Inc., Sumter, S. C."
It wa«! alleged in the libel that the article was misbranded in that the 
statement " Contents 7 Ozs." was false and misleading and deceived and mis- 
led 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 
quantity stated was incorrect.
On January 16. 1933, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed.
R. G. TUGWHLL. Acting Secretary of Agriculture.