7722. Adulteration   and   misbranding:   of   wlieat   middlings.    TJ.   S.   *    *    *
v. 340 Sacks of a Product Purporting- to he Wheat Middlings. 
Decree of condemnation and forfeiture. Product released under 
bond.     (F.  & D. No. 12227.     I.  S. No. 24639-r.     S. No.  C-1800.)
On March 5, 1920, the United States attorney for the District of Indiana, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel for the condemnation and for- 
feiture of 340 sacks of a product purporting to be wheat middlings, remaining 
unsold in the original unbroken packages at Rochester, Ind., consigned on or 
about November 0, 1919, by Larson & Orwell, Reville, S. D., and invoiced by 
Dixon Cereal & Feed Co., Dixon, Ill., as consignor, and transported from the 
State of South Dakota into the State of Indiana, and charging adulteration 
and misbranding in violation of the Food and Drugs Act, as amended. The 
article was invoiced as " Wheat Middlings."
Adulteration of the article v/as alleged in the libel for the reason that re- 
ground bran and ground and unground screenings had been mixed and packed 
with, and substituted in part for, wheat middlings, so as to reduce, lower, and 
injuriously affect its quality.
Misbranding of the article was alleged for the reason that the article was 
an imitation of wheat middlings, consisting in part of reground bran and 
ground and unground screenings, and had been offered for sale under the 
distinctive name of wheat middlings. Misbranding of the article was alleged 
for the further reason that it was food in package form, and the quantity of 
the contents of said product in each of said sacks was not then and there 
plainly and conspicuous'y marked on the outside of said sacks in terms of 
w eight or measure.
On May 13, 1920, William J. Leiler, Rochestei-, Ind., claimant, having con- 
sented to a decree, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be released to the claimant upon 
the payment of the costs of the proceedings and the execution of a good and 
sufficient bond, in conformity with section 10 of the act.
E. D. BALL, Acting Secretary of Agriculture.