NOTICE OF JUDGMENT NO. 2168.
(Given pursuant to section 4 of the Food and Drugs Act.)
ADULTERATION AND  MISBRANDING OF FEED.
On May 31, 1912, the United States Attorney for the Eastern 
District of Virginia, acting upon a report from the Dairy and Food 
Commissioner of said State, authorized 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 30,000 pounds of 
"
corn and oats" and 10,000 pounds of cracked corn, remaining 
unsold in the original unbroken packages on the tracks of the Chesa- 
peake & Ohio Railway Co., at Richmond, Va., alleging that the 
product had been shipped on or about May 11, 1912, by the Ohio 
Hay & Grain Co., Findlay, Ohio, and transported from the State of 
Ohio into the State of Virginia, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act. The product was 
labeled, invoiced, and sold as "corn and oats" and "cracked corn."
Adulteration of the corn and oats was alleged in the libel for the 
reason that corn cob, broken wheat, stems, weed seeds, and buck- 
wheat had been mixed and packed with said product so as to reduce, 
lower, and injuriously affect its quality and strength. Misbranding 
of this product was alleged for the reason that the labeling was false 
and misleading, in that while labeled and offered for sale under the 
distinctive name of "corn and oats," it was, in fact, a mixture of oats, 
corn feed, corn cob, broken wheat, stems, weed seeds, and buck- 
wheat, thus being labeled so as to deceive and mislead the purchaser. 
Adulteration of the cracked corn was alleged in the libel for the 
reason that oats, whole and crushed, and broken and cracked wheat 
had been mixed and packed with said product so as to reduce, lower, 
and injuriously affect its quality and strength. Misbranding was 
alleged for the reason that the labeling was false and misleading, in 
that, while labeled and offered for sale under the distinctive name of 
"
cracked corn," it was, in fact, a mixture of oats, whole and crushed, 
coarse ground corn, and broken or crushed wheat, thus being labeled 
so as to deceive and mislead the purchaser.
74441°—No. 216S-13
On June 14, 1912, the said Ohio Hay & Grain Co., claimant, having 
consented to a decree, judgment of condemnation and forfeiture was 
entered and it was further ordered that the products should he 
released and delivered to said claimant upon payment of all costs of 
the proceeding and the execution of bond in the sum of $500 in 
conformity with the Act.
WILLIS L. MOORE, 
Acting Secretary of Agriculture: 
WASHINGTON, D. C, January 2, 1913.
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