28777. Misbranding of   pecan   meats,   walnut   meats,   and   mixed   salted   nuts.
U. S. v. 30 Cases of Pecan Meats, 27 Cases of Walnut Meats, and 35 
Cases of Mixed Salted Nuts. Decree of condemnation. Product ordered 
released under bond for repacking and sale in bulk. (F. & D. No. 41347. 
Sample Nos.  55253-C,  55254-C, 55255-C,  55275-C, 55276-C, 55277-C.)
This product was packed in a container with a false bottom. The quantity of 
the contents was not plainly and conspicuously declared.
On January 7,1938, the United States attorney, for the District of Rhode Island, 
acting upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 92 cases of nut meats and mixed salted 
nuts at Providence, R. I., alleging that the article had been shipped in interstate 
commerce on or about November 12, 1937, by John W. Leavitt Co. from Boston, 
Mass., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: "Net Weight 4 Ozs. [or "Net Weight 
5 Ozs.   Salted Nuts"]    *    *    *   Nut Meats John W. Leavitt Co., Boston, Mass."
It was alleged to be misbranded in that the package bore a device which was 
misleading as to the quantity of the contents of the package. The article was 
alleged to be misbranded further in that it was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package.
On February 23, 1938, John W. Leavitt Co. having appeared, admitted the 
allegations of the libel, and consented, judgment of condemnation was entered 
and the product was ordered released under bond conditioned that it be repacked 
and sold only in bulk. On March 5, 1938, the decree was amended to permit 
shipment under the direction and supervision of this Department to Boston, 
Mass., for such repacking.
M. L. WILSON, Acting Secretary of Agriculture.