21732. Misbranding of   Mrs.  Tucker's   shortening-.     V.   S.   v.   95  Cartons  of
Mrs. Tucker's Shortening.    Product released under bond.     (F. & D.
no. 31214.    Sample no. 46400-A.)
Sample packages of shortening taken from the shipment involved in this 
case were found to contain less than 1 pound, the labeled weight.
On October 11, 1933, the United States attorney for the Western District of 
Arkansas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 95 cartons, each 
containing 30 packages of Mrs. Tucker's shortening, at Texarkana, Ark., 
alleging that the article had been shipped in interstate commerce in various 
lots on or about August 25, September 7, September 13, and September 25, 
1933, by the Interstate Cotton Oil Refining Co., from Sherman, Tex., and 
charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: " Mrs. Tucker's Shortening 1 lb. net."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " 1 lb. net", was false and misleading and deceived 
and misled the purchaser, and 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 statement made 
was incorrect.
On November 15, 1933, the Interstate Cotton Oil Refining Co. having ap- 
peared as claimant for the property and having executed a bond in the sum 
of $250, conditioned that the claimant pay costs of the proceedings and that 
the article should not be sold or otherwise disposed of contrary to the Federal 
Food and Drugs Act and all other laws, it was ordered by the court that the 
product be delivered to the claimant.
M. L. WILSON, Acting Secretary of Agriculture.