10877.?Misbranding: of flour.    U. S. v. The Kansas Flour Mills Co., a Corpo?
ration.     Plea  of  nolo  contendere.     Fine,  $25  and  costs.     (F.  &   D.
No. 16004.    I. S. No. 5060-t.)
On April 3, 1922, the United States attorney for the Western District, of?
Missouri, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district an information against the?
Kansas Flour Mills Co., a corporation, trading at Kansas City, Mo., alleging?
shipment by said company in violation of the Food and Drugs Act, as amended,?
on or about February 8, 1921, from the State of Missouri into the State of?
Massachusetts, of a quantity of flour which was misbranded. The article was?
labeled in part: " ' The Final Argument' 24^ Lbs. The Kansas Flour Mills?
Company.    *    *    *    Made-Rite Flour Kansas City. U. S. A.    *    *    *."
Examination, by the Bureau of Chemistry of this department, of 130 sacks of?
the article showed that the average net weight of the sacks examined was 23.7?
pounds.
Misbranding of the article was alleged in the information for the reason that?
the statement, to wit, " 24J Lbs.," borne on the sacks containing the article, re??
garding the said article, was false and misleading in that the said statement?
represented that each of said sacks contained 24J pounds of the article, and?
for the further reason that it was labeled as aforesaid so as to deceive the pur??
chaser into the belief that each of the said sacks contained 24^ pounds of the?
said article, whereas, in truth and in fact, each of said sacks did not contain?
241 pounds of the article, but did contain a less amount. Misbranding was?
alleged for the further reason that the article was food in package form, and?
the quantity of the contents was not plainly and conspicuously marked on the?
outside of the package.
On May 27, 1922, a plea of nolo contendere was entered on behalf of the de??
fendant company, and the court imposed a fine of $25 and costs.
C. F. MARVIN, Acting Secretary of Agriculture.