28854. Adulteration and misbranding of shelled peanuts.    U. S. v. 240 Bags of
Shelled Peanuts. Consent decree of condemnation. Product released 
under bond.    (F. & D. No. 42153.    Sample No. 9892-D.)
These peanuts were dirty.
On April 9, 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 240 bags of 
shelled peanuts at Philadelphia, Pa., alleging that the article had been shipped 
in interstate commerce on or about March 12, 1938, from Courtland, Va., by 
Birdsong Sons Corporation, and charging adulteration and 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.
Misbranding was alleged in that the statement "No. 2," borne on the label, 
was false and misleading and tended to deceive and mislead the purchaser 
when applied to Virginia shelled peanuts which contained damaged   (dirty) 
Jsernels in excess of the tolerance permitted in U. S. No. 2 grade.
On April 28, 1938, Birdsong Storage Co., Suffolk, Va., 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 not be disposed 
.Of contrary to law.
M. L. WILSON, Acting Secretary of Agriculture.