11139.?Ad alteration and misbranding of flour.     17. S. v. 102 Sacks of Flour.
Consent decree of condemnation and forfeitnre. Product re??
leased under frond. (F. & D. No. 16734. I. S. No. 7728-v. S. No.?
W-1191.)
On August 9, 1922, the United States attorney for the Western 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 102 sacks of flour, remaining in the original unbroken pack??
ages at Seattle, Wash., alleging that the article had been shipped by the Judith?
Milling Co., Hobson, Mont., March 14, 1922, and transported from the State of?
Montana into the State of Washington, and charging adulteration and mis??
branding in violation of the Pood and Drugs Act, as amended. The article was?
labeled in part: " Judith Milling Co. Hobson Flour Made From the Famous?
Judith Basin Wheat Hobson, Montana.   98 Lbs. Hobson Flour."
Adulteration of the article was alleged in the libel for the reason that water?
had been mixed and packed with and substituted wholly or in part for the said?
article.
Misbranding was alleged for the reason that the statement, " 98 Lbs.," 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 August 24, 1922, George L. Case, Seattle, Wash., claimant, having admitted?
the allegations of the libel and confessed judgment, a decree 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 $150, in conformity with section 10?
of the act. conditioned in part that the product be reconditioned under the?
supervision and to the satisfaction of this department.
C. W. PUGSIJEY, Acting Secretary of Agriculture.