21159. Misbranding of onions.   U.  S. v.  510  Sacks  of Onions.   Consent de¬
cree   of   condemnation   and   forfeiture.   Product   released   under 
bond.     (F. & D. no. 30433.     Sample no. 35606-A.)
This case involved a shipment of onions, sample sacks of which were found to 
contain less than 50 pounds, the declared weight.
On May 8,1933, the United States attorney for the District of Columbia, acting 
upon a report by the Secretary of Agriculture, filed in the Supreme Court of the 
District of Columbia, holding a district court, a libel praying seizure and con- 
demnation of 510 sacks of onions at Washington, D. C, alleging that the 
article had been shipped on or about May 1, 1933. by the C. E. Coleman Produce 
Co., from Corpus Christi, Tex., into the District of Columbia, and charging 
misbranding in violation of the Food and Drugs Act as amended. The article 
was labeled in part: " Netpac Bag 50 Lbs.   Net Texas Bermuda Onions."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " 50 Lbs. Net", 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 
quantity stated was not correct.
On May 10, 1933, the C. E. Coleman Produce Co., Inc., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon the pay- 
ment of costs and the execution of a bond in the sum of $500, conditioned that 
it should not be disposed of contrary to the Federal Food and Drugs Act and 
all other laws.
M. L. WILSON, Acting Secretary of Agriculture.