21371. Misbranding of walnut  meats  and hazelnuts.     V.   S.  v.  5  Cases  of
Walnut Meats, et al. Consent decrees of condemnation and 
forfeiture. Products released under bond. (F. & D. nos. 30655, 
30656,  30755.    Sample nos.  37267-A,  37269-A,  37423-A.)
Examination of samples of the walnut meats and hazelnuts involved in these 
cases showed that the packages contained less than 8 ounces, the declared 
weight.
On July 1 and July 20, 1933, the United States attorney for the Eastern 
District of Washington, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 14 cases 
of walnut meats and 10 cases of hazelnuts at Spokane, Wash., alleging that the 
articles had been shipped in interstate commerce in various shipments on 
or about November 11, November 23, and December 2, 1932, by the Dundee 
Walnut Association, in Dart from Portland, Oreg., and in part from Dundee, 
Oreg., and charging misbranding in violation of the Food and Drugs Act as 
amended. The articles were labeled in part: "Net Weight 8 Ozs. Norpac 
Walnut Meats [or "Hazelnuts"]." Portions were further labeled: "North 
Pacific Nut Growers Cooperative."
It was alleged in the libels that the articles were misbranded in that the 
statement on the labels, " Net Weight 8 Ozs.", was false and misleading and 
deceived and misled the purchaser, and for the further reason that the articles 
were 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 September 18, 1933, the North Pacific Nut Growers Cooperative Associa- 
tion, claimant, having consented to the entry of decrees, judgments of condem- 
nation and forfeiture were entered, and it was ordered by the court that the
product might be released to the claimant upon payment of costs and the execu- 
tion of a bond in the total sum of $1,000, conditioned that it be brought into 
conformity with the law .under the supervision of this Department.
M. L. WILSON, Acting'Secretary of Agriculture.