1701. Misbranding of tea. U. S. v. 115 Boxes of Tea. Default decree of con- demnation. Product ordered distributed to charitable institutions. (F. D. C. No. 3581. Sample No. 37417-E.) This product occupied on an average less than two-thirds of the volume of its wax paper lined cartons. On December 26, 1940, the United States attorney for the Western District of North Carolina filed a libel against 115 boxes of tea at Greenville, S. C, allegr ing that the article had been shipped in interstate commerce on or about Sep- tember 28 and November 23, 1940, by the Dwinell-Wright Co. from Boston, Mass.; 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: (Cartons) "Dixie Home Orange Pekoe and Pekoe Tea." On February 18, 1941, no claimant having appeared, judgment of condemna- tion was entered and the product was ordered distributed to charitable insti- tutions. 426432°—42——1 KQ