111. Misbranding of tea. U. S. v. 10 Cases of Tea. Decree of condemnation. 
Product ordered distributed to charitable institutions. (P. D. C. No. 2005. 
Sample No. 20204-B.)
These cartons of tea, when opened, were found to be about 75 percent filled. 
When fluffed, the tea occupied about 85 percent of the capacity of the container.
On May 24, 1940, the United States attorney for the Western District of South 
Carolina filed a   111 against 10 cases of tea at Goldville, S. C, alleging that the 
article had been shipped in interstate commerce on or about April 5, 1940, by 
the Levering Coffee Co. from Baltimore, Md.; and charging that it was mis- 
branded in that its container was so made, formed, or filled as to be misleading. 
The article was labeled in part: (Cartons) "Tempo Tea."
On November 19* 1940, the claimant having withdrawn its answer, judgment of 
condemnation was entered and the product was ordered distributed to charitable 
institutions^.    -<-
325
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