21937. Misbranding of   Cream-O-Cotton.    U.   S.   v.   30   Cases   of   Cream-O-
Cotton.     Consent     decree     of     condemnation.     Product     released 
under bond.     (F. & D. no.  31760.     Sample no.  52351-A.)
This case involved an interstate shipment of a cottonseed oil product used 
for shortening. Sample packages taken from the shipment were found to con- 
tain less than 1 pound, the labeled weight.
On December 22, 1933, the United States attorney for the Western District 
of Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 30 cases of Cream-O- 
Cotton at Oklahoma City, Okla., alleging that the article had been shipped in 
interstate commerce on or about November 1, 1933, by the Texas Refining Co., 
from Greenville, Tex., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: "Cream-O-Cotton, 
Net Wt. One Lb. Manufactured and Guaranteed by Texas Refining Co., Green- 
ville, Texas."
It was alleged in the libel that the article was misbranded in that the state- 
ment, " Net Weight 1 Lb.", was false and misleading and deceived and misled 
the purchaser, and for the further reason that it was food in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package, since the statement made was incorrect.
On December 30, 1933, the Texas Refining Co., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, judg- 
ment 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 in the sum of $100, conditioned that it should not be sold contrary 
to the provisions of the Federal Food and Drugs Act and all other laws.
M. L. WILSON, Acting Secretary of Agriculture.