952. Misbranding of tea.     U.  S. v. 150 Cartons,  each  containing  24 packages,
of   Tea.     Consent   decree   of   condemnation.     Product   ordered   released 
under bond for repacking.    (F. D. C. No. 2528.    Sample No. 159-E.)
These packages each contained a waxed paper bag of tea which occupied on 
an average only 65 percent of the space in the package.
On August 12, 1940, the United States attorney for the Northern District of 
Georgia filed a libel against 150 cartons of tea at Griffin, Ga., alleging that the 
article had been shipped in interstate commerce on or about July 17, 1940, 
by Carter, Macy Co., Inc., from New York, N. Y.; and charging that it was 
misbranded in that its container was so made, formed, or filled as to be 
misleading. The article was labeled in part: (Package) "Mayflower Brand Tea 
*    *    *   Distributed by H. V. Kell Company Wholesale Grocers Griffin, Ga."
On September 7,1940, the H. V. Kell Co., claimant, having admitted the allega- 
tions of the libel, judgment of condemnation was entered and the product was 
ordered released under bond conditioned that it should not be sold or disposed 
of contrary to law. It was repacked as bulk tea and the containers were 
destroyed.