22293. Misbranding of Cream O Cotton.    IT. S. v. 24 Cases, et al., of Cream-
O-Cotton. Consent decrees of condemnation. Product released 
under bond to be relabeled. (F. & D. nos. 31708, 31709, 32053. Sample 
nos. 57881-A, 63651-A, 69053-A.)
Sample cans of shortening taken from the shipments involved in these cases 
were found to contain less than 4 pounds, the declared weight.
On December 12, 1933, the United States attorney for the Eastern District of 
Arkansas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 55 cases of Cream 
Cotton at Morrilton, Ark. On December 16, 1933, and February 28, 1934, the 
United States attorneys for the Western District of Arkansas, and the Western 
District of Oklahoma, filed libels against 24 cases and 178 cases of the product 
at Potter, Ark., and Frederick, Okla., respectively. It was alleged in the libels 
that the article had been shipped in interstate commerce, by the Texas Refining 
Co., from Greenville, Tex., in various shipments between the dates of September 
25 and November 10, 1933, and that it was misbranded in violation of the Food 
and Drugs Act as amended. The article was labeled in part: "Cream O Cotton, 
* * * Shortening * * * Net Wt. 4 Lbs. Manufactured and Guaranteed 
by Texas Refining Co., Greenville, Texas."
The libels charged that the article was misbranded in that the statement on 
the label, " Net Wt. 4 Lbs.", 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 January 10, January 12, and March 8, 1934, the Texas Refining Co., 
claimant, having admitted the allegations of the libels and having consented to 
the entry of decrees, judgments of condemnation were entered and it was 
ordered by the court that the product be released to the claimant upon the
Šexecution of bonds totaling $250, conditioned that it be relabeled under the 
supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.