22153. Misbranding of   shelled   peKans.   U.   S.   v.   17%    Cases   of   Shelled
PeKans. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond to be relabeled. (F. & D. no. 32055. Sam- 
ple no. 66761-A.)
This case involved a shipment of shelled pecans which were found to be 
short weight.
On March 9, 1934, the United States attorney for the District of Wyoming, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 17% cases of shelled pecans at 
Sheridan, Wyo., alleging that the article had been shipped in interstate com- 
merce on or about October 5, 1933, by R. E. Funsten Co., from St. Louis, Mo., 
and charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: " Funstens Shelled Pecans * * * Net 
Weight 8 oz. R, E. Funsten Company, St. Louis Mo."
It was alleged in the libel that the article was misbranded in that it was 
labeled so as to deceive and mislead the purchaser, since the cans were labeled 
"8 oz." and contained less than 8 ounces. 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 correctly stated on the outside of the pack- 
ages.
On April 2, 1934, the Ryan-Sheridan Co., Sheridan, Wyo., having appeared 
as claimant for the property and having consented to the entry of a decree, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be released to the claimant upon payment of costs 
.and the execution of a bond in the sum of $100, conditioned that it be relabeled 
-under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.