25996. Misbranding of shelled peKans.    U. S. v. 18 Cases of Shelled PeKans.    De¬
fault decree of forfeiture and destruction.     (F. & D. no. 37220.    Sample 
no. 43861-B.)
This case involved shelled pecans contained in a package that had a card- 
board false bottom. The net weight was inconspicuously declared on the side 
of the package and was partly obscured by a ribbon. 
!
On February 19, 1936, the United States attorney for the District of Massa-- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the
district court a libel praying seizure and condemnation of 18 cases of shelled 
pecans at Boston, Mass., alleging that the article had been shipped in inter- 
state commerce on or about January 17, 1936, by the Southland Pecan Co., Inc., 
from Columbus, Ga., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: (Sticker on one side 
of package) "Fresh Gold Medal Shelled Nuts Net Wt. 6 oz. when packed 
Southland Pecan Co. Inc. Columbus, Ga., U. S. A."
The article was alleged to be misbranded in that its package bore a device, 
namely, a cardboard false bottom, which was misleading in that the package 
did not contain the quantity of food it purported to contain; and in that the 
article was food in package form and the quantity of contents was not plainly 
and conspicuously marked on the outside of the package.
On June 29, 1936, no claimant having appeared, judgment of forfeiture was 
entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.