5100. Misbranding of gift packages.    XT. S. v. 39 Boxes and 8 Boxes of Gift Packages (and 3
additional seizure actions against gift packages). Default decrees of condemnation 
and destruction. . (F. D. C. Nos. 9108 to 9110, incl., 9128. Sample Nos. 8855-F, 8857-F 
to 8860-F, incl., 9570-F, 9760-F.) 
On January 6, 1943, the United States attorney for the Eastern District of 
Louisiana filed libels against a total of 420 gift packages at New Orleans, La., 
alleging that the article had been shipped in interstate commerce within the period 
from on or about November 11 to 20, 1942, by A. Newberg & Co. from Babylon and 
Lindenhurst, N. Y.; and charging that it was misbranded.
The article was alleged to be misbranded in that its containers were so made, 
formed, and filled as to be misleading in that the packages contained excessive 
packing medium. ,
The various shipments of the article were alleged to be misbranded further in 
one or more of the following respects: (1) The statements "Net Weight 3j4 lbs.," 
or "3% Lbs." in the labeling were false and misleading since the packages contained 
less than those amounts. (2) The article was in package form and failed to bear 
a label
, containing an accurate statement of the quantity of the contents. (3) The 
statement of the quantity of the contents and the name and place of business of the 
manufacturer, packer, or distributor, required by the act to appear on the label, was 
not prominently placed thereon with such conspicuousness as to render it likely to 
be read by the ordinary individual under customary conditions of purchase. (-4) 
The article was in package form and failed to bear a label containing the name and 
place of business of the manufacturer, packer, or distributor. (5) It was fabricated 
from two or more ingredients and their labels failed to bear the common or usual 
name of each such ingredient.
On March 22, 1943, no claimant having appeared, judgments of condemnation 
were entered and the product was ordered destroyed.