20316. Misbranding of   canned  black-eyed   peas   and   canned   red   bKans.
U.S. "v. 8 Cases of Canned Black-Eyed Peas, et al. Default decree 
of condemnation, forfeiture, and sale. (F. & D. nos. 28771, 28772. 
Sample nos. 2243-A, 2244-A.)
This action involved the interstate shipment of quantities of canned black- 
eyed peas and canned red beans, sample cans of which were found to contain 
less than 1 pound, the declared weight.
On August 22, 1932, the United States attorney for the District of New 
Mexico, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 8 cases of canned black-eyed peas and 13 cases 
and 12 cans of canned red beans, remaining in the original packages at Clovis, 
N.Mex., alleging that the article had been shipped in interstate commerce on or 
about February 27, 1932, by the Thrift Packing Co., from Fort Worth, Tex., 
to Clovis, N.Mex., and charging misbranding in violation  of the food and
drugs act as amended.   The articles were labeled in part: " Blue and White 
Brand Contents 1 Lb.    *    *    *   Black Eyed Peas [or "Red Beans "] ".
It was alleged in the libel that the article was misbranded in that the state- 
ment " Contents 1 Lb." 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, since the statement on 
the label was incorrect.
On October 11, 1932, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the marshal relabel the goods and sell them at public auction.
R. G. TTJGWEIX, Acting Secretary of Agriculture.