17436. Misbranding of shortening.    U.   S.  v. 40  Cases  of  Shortening.    De 
cree of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 24903.    I. S. No?. 07586, 07587, 07588.    S. No. 1833.)
Samples of shortening from the herein described interstate shipment having 
been found to be short weight, the matter was reported to the United States 
attorney for the "Western District of Louisiana.
On March 14, 1929, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 40 cases of shortening, remaining in the original unbroken cases 
at Shreveport, La., alleging that the article had been shipped in interstate com- 
merce (from Memphis, Tenn.) by the Dixie Margarine Co., in various lots, on 
February 21, February 25, and February 28, 1929, respectively, and charging 
misbranding in violation of the food and drugs act as amended. The article 
was contained in cartons labeled in part: " Dixie Brand Colored Nut Product 
One Pound Net * * * Manufactured by Dixie Margarine Co., Memphis, 
Tenn."
It was alleged in the libel that the article was in violation of section 8 of the 
said act, in that the label bore the statement " One Pound Net," which was 
false and misleading and deceived and misled the purchaser. Misbranding 
was alleged for the further reason that the article was in package form and 
the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package or carton, since the quantity of food contained 
therein was less than the quantity labeled on the package.
On March 26, 1929, claim and answer having been filed admitting the alle- 
gations of the libel, judgment of condemnation 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, conditioned in part that it be removed from 
the wrappers and cartons and packed in bulk and reshipped to the Dixie 
Margarine Co., Memphis, Tenn., to be repacked in compliance with the Federal 
food and drugs act.
ARTHUR M. HYDE, Secretary of Agriculture.