F. & IX No. 4053.
S. No. 1404.	
Issued February 21, 1913:
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOITCE OF JUDGMENT NO. 1934.
(Given pursuant to section 4 of the Food and Drugs Act.)
MISBRANDING OF GRITS.
On May 28, 1912, the United States Attorney for the Southern?
District of Alabama, acting upon a report by the Secretary of Agri??
culture, filed in the District Court of the United States for said?
district a libel for the seizure and condemnation of 25 cases of grits?
remaining unsold in the original unbroken packages and in posses??
sion of M. Forchheimer & Co., a partnership, Mobile, Ala., alleging?
that the product had been shipped on April 16, 1912, by the Ameri??
can Hominy Co., a corporation, Terre Haute, Ind., and transported?
from the State of Indiana into the State of Alabama, and charging?
misbranding in violation of the Food and Drugs Act. The product?
was labeled: "5 lbs. Hexagon Brand Grits."
Misbranding of the product was alleged in the libel for the reason?
that the packages did not contain 5 pounds of grits as claimed upon?
the label but that in truth and in fact there was an average shortage?
deficiency in the shipment of the 25 cases of grits of 16.8 per cent,?
that is to say, the average package contained in the shipment of?
grits fell short from the weight stated upon the label, to wit, 16.8?
per cent.
On July 13, 1912, judgment of condemnation and forfeiture was?
entered and it was further ordered that the product should be sold?
by the United States marshal.
W. M. HAYS,?
Acting Secretary of Agriculture.
WASHINGTON, D. C, November 12, 1912.
67376??No. 1934-13