28835. Adulteration and misbranding of shelled peanuts.    TJ. S. v. 202 Bags of
Shelled Peanuts.    Consent decree of condemnation.    Product released 
under bond.    (F. & D. No. 42072.   Sample No. 9865-D.)
This product was dirty and the bags containing it bore no quantity of contents 
statement.
On March 26, 1938, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 202 bags of shelled 
peanuts at Philadelphia, Pa., alleging that the article had been shipped in inter- 
state commerce on or about February 25, 1938, from Petersburg, Va., by the 
J. B. Worth Co., of Petersburg, Va., and charging misbranding in violation of 
the Food and Drugs Act.
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy vegetable substance.
It was alleged to be misbranded 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, since no quantity was stated.
On March 30, 1938, Lummis & Co., Philadelphia, Pa., claimant, having con- 
sented to the entry of a decree, judgment of condemnation was entered, and the 
product was ordered released under bond, conditioned that it be not disposed of 
contrary to law.
M. L. WILSON, Acting Secretary of Agriculture.