10381. Adulteration   and   Misbranding of   gray   shorts.     TT.   S.     *     *      *     v.
600 Sacks and SO Sacks of Alleged Gray Shorts. Default decrees 
declaring product adnlterated and a portion thereof misbrandecR 
and ordering its destruction. (F. & D. Nos. 12679, 12928. I. S. Nos. 
174-r,   115-r.     S. Nos. E-2185, E-2360 )
On May 27, 1920, the United States attorney for the Western District of 
North Carolina, acting upon reports by the Secretary of Agriculture, filed in
the District Court of the United States for said district libeLs for the seizure 
and condemnation of 680 sacks of alleged gray shorts, at Hendersonville, N. C, 
alleging that the article had been shipped by the Gateway Milling Co., Kansas 
City, Mo., March 15 and May 12, 1920, respectively, and transported from the 
State of Missouri into the State of North Carolina, and charging adulteration 
and misbranding in violation of the Food and Drugs Act. A portion of the 
article was labeled in part: " Mfg. By Gateway Milling Co. * * * Gray 
Shorts And Screenings. Made From Wheat Shorts, Red Dog Flour and Wheat 
Bran    *    *    * "   The remainder of the article was invoiced as "Gray Shorts."
Adulteration of the article was alleged in the libels for the reason that 
reground bran and rice hulls, or ground bran, screenings, and rice hulls, as 
the case might be. had been mixed and packed wTith, and substituted wholly or 
in part for, the said article and for the further reason that the said article 
was mixed in a manner whereby damage or inferiority was concealed.
Misbranding was alleged with respect to a portion of the said article for 
the reason that the statements appearing in the labeling thereof, "* * * Gray 
Shorts And Screenings. Made From Wheat Shorts, Red Dog Flour and Wheat 
Bran * * * Fat, not less than 3.50% Crude Fibre, not more than 10.00% 
*    *    *    ,"  were false and misleading.
On August 22, 1921, no claimant having appeared for the property, judgments 
? of the court were entered declaring both consignments of the product to be 
adulterated and the consignment of May 12, 1920, to be misbranded and ordering 
the destruction of the product by the United States marshal.
C. W. PUGSLEY, Acting Secretary of Agriculture.