19996. Misbranding of pearl tapioca.    V. 8. v. 109 Cases of Tapioca.    De¬
fault decree of condemnation, forfeiture, and  destruction.    (No. 
3079-A.    F. & D. No. 28263.)
Sample packages taken from the shipment of tapioca involved in this action 
were found to contain less than 1 pound, the weight declared on the label.
On May 3, 1932, the United States attorney for the Northern District of Illi- 
nois, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for the district aforesaid a libel praying seizure and 
condemnation of 109 cases of pearl tapioca at Chicago, Ill., alleging that the 
article had been shipped in interstate commerce on or about March 19, 1932, by 
Edwin Smithson Co. (Inc.), from New York, N. Y., to Chicago, Ill., and charging 
misbranding in violation of the food and drugs act as amended. The article 
was labeled in part: (Package) "One Pound King Cole Brand Pearl Tapioca 
Edwin Smithson Company, Inc., Packers and Distributors, New York, N. Y."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the package label, "One Pound," was 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 con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement made was not correct.
On August 17, 1932, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
HENBY A. WALLACE, Secretary of Agriculture.