11892. Misbranding and alleged adulteration of tea.     U. S. v. 58 Cans and
84 Cans of Tea. Consent decree of condemnation, forfeiture, and 
destruction. (F. & D. No. 15776. I. S. Nos. 3370-t, 3371-t. S. No. 
C-3451.)
On March 25, 1922, the United States attorney for the Southern District of 
Mississippi, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 58 cans and 84 cans of tea at Vicksburg, Miss., alleg- 
ing that the article had been shipped by the Bohea Importing Co., from Bal- 
timore, Md., on or about October 15, 1921, and transported from the State of 
Maryland into the State of Mississippi, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act, as amended. A portion of 
the article was labeled in part: " King George * * * Flowery Orange 
Pekoe Ceylon-India Tea Bohea Importing Co. Baltimore, U. S. A. * * * I 
Pound Net Weight When Packed." The remainder of the article was labeled 
in part: " Elk's Delight * * * Extra Choice Blended Tea .Bohea Importing 
Co. Sole Selling Agents    *    *    *    Quarter Pound Full Weight."
Adulteration was alleged in the libel with respect to the King George tea for 
the reason that a grade or grades of tea other than Flowery Orange Pekoe tea 
had been mixed and packed with and substituted wholly or in part for the said 
article.
Misbranding was alleged in substance for the reason that the statements ap- 
pearing on the labels of the respective brands of the article, " Flowery Orange 
Pekoe * * * i Pound Net Weight When Packed" and " Quarter Poun d 
Full Weight," were false and misleading and deceived and misled the purchaser. 
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 conspicu- 
ously marked on the outside of the package.
On November 8, 1922, the owner of the property having consented to the 
entry of a decree, judgment of the court was entered finding the product to be 
misbranded and ordering its condemnation, forfeiture, and destruction.
HOWARD M. GORE, Acting Secretary of Agriculture.