23027. Misbranding of coffee.    U. S. v. 350 Packages of Coffee.    Default de¬
cree of condemnation and forfeiture.    Product delivered to relief 
organization.     (F. & D. no. 31220.    Sample nos. 46414-A, 46415-A.)
Sample packages of coffee taken from the shipment involved in this case 
were found to contain less than the labeled weight.
On October 12, 1933, the United States attorney for the Eastern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 350 packages of 
coffee at Marshall, Tex., alleging that the article had been shipped in inter- 
state commerce, on or about September 27, 1933, by the Abel Coffee Co., Inc., 
from Shreveport, La., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Half Pound Net 
Weight or ["One Pound Net Weight"] * * * Abel Coffee Co., Inc., 
Shreveport, La."
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It was alleged in the libel that the article was misbranded in that the 
statements on the label, " Half Pound Net Weight" and " One Pound Net 
Weight ", were false and misleading and deceived and misled the purchaser, 
and 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 "package, since the statements made were incorrect.
On July 7, 1934, no claimant having appeared, judgment of condemnation 
and forfeiture was entered, and it was ordered by the court that the product 
be delivered to a relief organization.
M. L. WILSON, Acting Secretary of Agriculture.