21695. Misbranding of coffee.     V. S. v. 41 Cans  of Coffee.     Default  decree
of   condemnation.     Product   ordered   delivered   to   charitable   or- 
ganization.     (F. & D. no. 31127.    Sample no. 46304-A.)
Sample cans of coffee taken from the shipment involved in this case were 
found to contain less than 1 pound, the labeled weight.
On September 21, 1933, the United States attorney for the Western District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 41 cans of coffee at 
Tallulah. La., alleging that the article had been shipped in interstate commerce 
on or about September 1. 1933, by MacGowan Coffee Co., from Jackson. Miss.. 
and charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: (Can) "Machias Best Brand Dark Roast 
Coffee One Pound Net."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " One Pound Net *'. 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 contents 
was not plainly and conspicuously marked on the outside of the packages, 
since the statement of weight was incorrect.
On November 6.1933. no claimant having appeared for the property, judgment 
of condemnation was entered, and it was ordered by the court that the product 
be delivered to a charitable organization.
M. L. WILSON. Acting Secretary?-y of Agriculture.