5015. Misbranding of whole nutmeg.    U.  S. v. 4  Cartons  of Nutmeg.    Default  decree  of
condemnation and destruction.    (F. D. C. No. 9548.   Sample No. 21644-F.)
Examination showed the boxes to contain 12 or 13 nutmegs. On the basis of the 
additional nutmegs which could be packed into the boxes, they were less than 60 
percent filled.
On March 13, 1943, the United States attorney for the Western District of. Penn- 
sylvania.filed a libel against 4 cartons, each containing 12 boxes, of nutmegs at Pitts- 
burgh, Pa., alleging that the article had been shipped in interstate commerce on or 
about February 17, 1943, by Durkee Famous Foods from Elmhurst, N. Y.; and 
charging that it was misbranded in that its container was so filled as to be mis- 
leading, since the container was too large for the amount of nutmeg it contained, 
and in that it was a food in package form and it failed to bear a label containing an 
accurate statement of the quantity of the contents, since the declaration in terms of 
numerical count due to variation in the sizes of the nutmegs did hot give accurate 
information as to the quantity of food in the package.
On April 8, 1943, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.