22152. Misbranding of  shortening.    V. S. v.  19  Cases  of  Shortening.    De¬
cree of condemnation. Product released under bond to be re- 
packed.    (F. & D. no. 32018.    Sample no. 63793-A.)
This case involved a shipment of shortening which was short weight.
On February 21, 1934, the United States attorney for the Eastern District 
of Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 19 cases of short- 
ening at Ardmore, Okla., alleging that the article had been shipped in inter- 
state commerce, on or about October 18 and November 6, 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: (Car- 
ton) "Four Pounds Net Weight Blue Bonnet Shortening. * * * Texas 
Refining Co., Greenville, Texas."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " Four Pounds Net Weight", 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 incorrect.
On March 7, 1934, the Texas Refining Co., having appeared as claimant for 
the property and having admitted the allegations of the libel, judgment of con- 
demnation 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 disposed of in violation of 
the Federal Food and Drugs Act. The article was repacked in full 4-pound 
cartons.
M. L. WIXSON, Acting Secretary of Agriculture-