13077. Misbranding of flour. U. S. v. 400 Sacks of Flour. Decree of con??
demnation and forfeiture.     Product released under bond.     (F. & D.
No. 16755.    I. S. No. 7826-v.     S. No. W-1199.)
On August 28, 1922, the United States attorney for the Eastern District of?
Washington, 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 seizure and?
condemnation of 400 sacks of flour, remaining in the original unbroken pack??
ages at Spokane, Wash., consigned by the Royal Milling Co., Great Falls, Mont.,?
alleging that the article had been shipped from Great Falls, Mont, on or about?
June 29, 1922, and transported from the State of Montana into the State of?
Washington, and charging misbranding in violation of the Food and Drugs-?
Act, as amended. The article was labeled in part: (Sacks)" Rex Flour * * *?
Bleached    *    *    *    Royal Milling Company Great Falls, Montana    98 Lbs."
Misbranding of the article was alleged in substance in the libel for the reason-?
that the sacks containing the said article bore labels indicating that they con??
tained 98 pounds of flour, net weight, and for the further reason that the sacks-?
were labeled so as to deceive and mislead the purchaser into the belief that they?
contained the full number of pounds set forth on the said labels, whereas, in?
truth and in fact, each of said sacks contained 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 packages, since the weight declared on the label was not?
correct.
On August 29, 1922, the Kalispell Flour Mill Co., having entered an appearance?
as claimant for the property, judgment of condemnation and forfeiture was?
entered, and it was ordered by the court that the product be released to the?
said claimant upon payment of the costs of the proceedings and the execution?
of a bond in the sum of $200, in conformity with section 10 of the act.
C. F. MARV.CN, Acting Secretary of Agriculture.