11142.?Adulteration and misbranding of tea.     TJ. S. v. 16 Cartons of Orange
Pekoe Ceylon Tea and 90 Packages of Himalaya Darjeeling India?
Tea. Default decree of condemnation, forfeiture, and destruc??
tion with respect to the 16 cartons. Decree of condemnation?
with, respect to remainder and product released upon payment?
of costs. (P. & L>. Nos. 15774. 15775. I. S. Nos. 3372-t, 3373-t. S. Nos.?
C-3461,  C-3402.)
On April 14, 1922, the United States attorney for the Western District of?
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district libels for the seizure and?
condemnation of 16 cartons, ea?h containing 5 dozen packages of Bohea's?
Special Orange Pekoe Ceylon tea, and 90 half-pound packages of Himalaya?
Darjeeling India tea, remaining unsold in the original unbroken packages at?
Shreveport, La., alleging that the article had been shipped by the Bohea Im??
porting Co., Baltimore, Md., the former on or about July 17, 1920, and the latter?
on or about November 10, 1921, and transported from the State of Maryland?
into the State of Loxiisiana, and charging adulteration and misbranding with?
respect to a portion thereof and misbranding with respect to the remainder, in?
violation of the Food and Drugs Act, as amended. A portion of the article?
was labeled in part: " Bohea's Special Orange Pekoe Ceylon Tea. * * *?
Net If Ozs. And Over When Packed. * * * Packed Only By Bohea Import??
ing Co. Baltimore, Md., U. S. A." The remainder of the article was labeled?
in part: " Extremely Superb ' Himalaya ' Darjeeling India Tea * * * Half?
Pound Net    *    *    *    Bohea Importing Co.    Baltimore, U. S. A."
Adulteration of the so-called Orange Pekoe tea was alleged in substance in?
the libel for the reason that a grade or grades of tea other than Orange Pekoe?
had been mixed or packed therewith so as to reduce or lower or injuriously?
affect its quality or strength and had been substituted wholly or in part for?
the said article.
Misbranding was alleged in substance for the reason that the statements,?
" Special Orange Pekoe" and " Net If Ozs. And Over When Packed," with?
respect to a portion of the article, and the statement, " One Half Pound Net,"?
with respect to the remainder, were false and misleading and deceived and mis??
led the purchaser when applied to a package containing a grade or grades?
[other than] Orange Pekoe and containing less than If ounces, or when?
applied to a package containing less than \ pound net, as the case might be.?
Misbranding was alleged with respect to both brands of the said article for the?
reason, that it was food in package form, and the quantity of the contents was?
not plainly and conspicuously marked on the outside of the package.
N. J. 11101-11150 ]    SEEVICE  AND  REGULATORY  ANNOUNCEMENTS.	79
On May 22, 1922, W. J. Hunter, Shreveport, La., having entered an appear??
ance as claimant for the 90 packages of Himalaya Darjeeling tea, judgment of?
condemnation was entered, and it was ordered by the court that the product be?
emptied from the cans containing the same and that it be delivered in bulk?
to the said claimant upon payment of the costs of the proceedings. On October?
16, 1922, no claimant having appeared for the Orange Pekoe Ceylon tea, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product be destroyed by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.