12134. Misbranding- of flour.    U. S. v. 160 Sacks of Flour.     Decree ordering 
release of product to be reconditioned or relabeled.     (F. & D. No.
17686.    I. S. No. 11838-v.    S. No. W-1404J
' On August 16, 1923, the United States attorney for the District of Nevada, 
acting upqn 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 con- 
demnation of 160 sacks of flour, at Eeno, Nev., alleging that the article had 
been shipped by the Gem State Roller Mill & Elevator Co., from Ucon, Idaho, 
on or about July 17, 1923, and transported from the State of Idaho into the 
State of Nevada, and charging misbranding in violation of the Food and Drugs 
Act, as amended. The article was labeled in part: "Patent Perfect Flour 
Bleached 98 Lbs. When Packed Gem State Roller Mill & Elevator Co. Ucon, 
Idaho."
Misbranding of the article was alleged in the libel for the reason that the 
statement, " 98 Lbs.," appearing in the labeling, was false and mislead- 
ing1 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 30, 1923, the Cremer-Erickson Co., Reno, Nev., having appeared 
as claimant for the property, and it having appeared to the court that the 
Government had established the allegations of the libel, judgment was entered 
ordering 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 $500, 
in conformity with section 10 of the act, conditioned in part that it be recon- 
ditioned' or relabeled under the supervision of this department, so that it would 
comply with the requirements of the act.
C. F. MAKVIN, Acting Secretary of Agriculture.