22430. Misbranding of pecan meats.    IT. S. v. 9%,  Cases of Funsten's Pecan
meats.    Decree  providing  for  release  of  product  under  bond  or 
for destruction.     (F. & D. no.  32344.    Sample no.  61641-A.)
Sample cans of pecan meats taken from the shipment involved in this case 
were found to contain less than 8 ounces, the declared weight.
On March 17, 1934, the United States attorney for the District of Montana, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of nine and one-fourth cases of 
Funsten's pecan meats at Miles City, Mont., alleging that the article had been 
shipped in interstate commerce on or about October 5, 1933, and November 27, 
1933, by the 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: " Funsten's Shelled Pecans    *    *    *    Net weight eight oz."
It was alleged in the libel that the article was misbranded in that the state- 
ment " Net weight eight oz." was false and misleading and tended to mislead 
the purchaser since the contents of the package was less than 8 ounces. 
Misbranding was alleged for the further reason that the article was food in 
package form and failed to bear a true statement of the quantity of the 
contents plainly and conspicuously marked on the outside of the package.
On May 23, 1934, no claim or answer having been filed, and the court having 
found that the allegations of the libel were true, judgment was entered ordering 
that the product might be released if claimant appear and pay costs and file 
a good and sufficient bond, conditioned that it would not be sold or disposed of 
in violation of the Food and Drugs Act; and upon failure to file said bond that 
the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.