11862. Adulteration and misbranding; of wheat shorts. U. S. v. 160 Sacks 
of Alleged Wheat Shoi-ts. Product released tinder bond to be 
xised as dairy feed.    (F. & D. No. 16382.    I. S. No. 2853-t.     S. No. C-3650.)
On June 7, 1922, the United States attorney for the Northern District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the 
seizure and condemnation of 160 sacks of alleged wheat shorts at Bessemer, 
Ala., alleging that the article had been shipped by the Sutherland Flour Mills 
Co., Cairo, Ill., February 24, 1922, and transported from the State of Illinois 
into the State of Alabama, and charging adulteration and misbranding in 
violation of the Food and Drugs Act. The article was labeled in part: (Tag 
on sack) "100 Lbs. Net When Packed Wheat Shorts with Mill Run Ground 
Screenings Guaranteed Analysis: Protein not less than 16.00% Fat not less 
than 4.00% Carbohydrates not less than 56.00% Crude Fiber not more than 
8.50%    Manufactured by Sutherland Flour Mills Co. Cairo, Ill.    Wheat Shorts."
Adulteration of the article was alleged in the libel for the reason that 
reground brand [bran] had been mixed and packed with and substituted 
wholly or in part for wheat shorts with mill run ground screenings.
Misbranding of the article was alleged for the reason that the statement 
appearing in the labeling, " Wheat Shorts with Mill Run Ground Screenings," 
was false and misleading and deceived and misled the purchaser. Misbranding 
was alleged for the further reason that the article Was an imitation of and 
was offered for sale under the distinctive name of another article.
On July 21, 1922, the Bessemer Feed Mills, Bessemer, Ala., having appeared 
as claimant for the property and having agreed that the product should be 
used as dairy feed, in consideration of its release, and having executed a bond 
in the sum of $500 to secure the performance of the said agreement, a decree 
of the court was entered ordering that the case be dismissed without prejudice 
to the rights of the Government in the event of the breach of the said bond.
HOWARD M. GORE, Acting Secretary of Agriculture.