11087. Adulteration and misbranding of flour, IT. S. v. 325 Sacks of Flour.?
Consent decree of condemnation and forfeiture. Product re??
leased under bond. (F. & D. No. 16631. I. S. No. 14057-t. S. No.?
W-1155.)
On July 15, 1922, the United States attorney for the District of Oregon, act??
ing 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 325 sacks of flour, remaining in the original unopened sacks at Portland,?
Oreg., alleging that the article had been shipped by the Montana Flour Mills?
Co., Great Falls, Mont., March 30, 1922, and transported from the State of?
Montana .into the State of Oregon, and charging adulteration and misbrand??
ing in violation of the Food and Drugs Act. The article was labeled in part:?
"Montana Flour Mills Co. Sapphire * * * Matured Bleached 49 Lbs.?
Net Sapphire Flour."
Adulteration of the article was alleged in the libel for the reason that ex??
cessive water had been so mixed and packed with and substituted wholly or in?
part for normal flour of good commercial quality as to reduce and lower and"?
injuriously affect the quality of the said flour.
Misbranding was alleged for the reason that the statement, " 49 Lbs.," borne-?
on the sacks containing the article, was false and misleading and deceived?
and misled the purchaser.   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 September 2, 1922, the Montana Flour Mills Co., Great Falls, Mont., claim??
ant, having consented to the entry of a decree, 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 $1,000, in conformity with section 10 of?
the act.
C. F. MARVIN, Acting Secretary of Agriculture.