152. Misbranding of tea.    IT. S. v. 15 Cartons of Tea.    Default decree of con¬
demnation.     Product   distributed   to   public   or   charitable   institutions.
(F. D. C. No. 1079.    Sample No. 74097-D.)
This product was found to be short of the declared weight; and it occupied 
only about 66 percent of the capacity of the package.
On November 28, 1939, the United States attorney for the District of Rhode 
Island filed a libel against 15 cartons, each containing 36 packages of tea, at 
Providence, R. I., alleging that the article had been shipped in interstate com- 
merce on or about November 10, 1939, by Dwinell-Wright Co. from Boston, 
Mass.; and charging that it was misbranded.
It was alleged to be misbranded in that the statement on the label, "3 Oz. 
Net," was false and misleading as applied to an article that was short iu
221853'—40 1 
39
weight; in that its container was so made, formed, or filled as to be misleading; 
and in that it was in package form and did not bear all accurate statement 
of the quantity of contents.
On December 22, 1939, no claimant having appeared, judgment of condemna- 
tion and destruction was entered. On January 4, 1940, the order of destruction 
was revoked and an amended decree was entered directing that the product 
be distributed to public or charitable institutions.