12139. Adulteration and misbranding- of gronnd mixed feed Parley. V. S. 
v. 500 Bag's of Ground JFeed. Default decree of condemnation, 
forfeiture, and sale. (F. & D. No. 18193. I. S. No. 10297-v. S. No. 
&-39Q5.)
On December 20, 1923, the United States attorney for the Northern District 
of Georgia, 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 500 bags of ground feed, remaining in the original un- 
broken packages at East Point, Ga., alleging that the article had been shipped 
by the Cokato Milling Co., from Minneapolis, Minn., on or about October 7, 
1923, and transported from the State of Minnesota into the State of Georgia, 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: (Tag) "100 Lbs. Net Ajax Ground 
Mixed Feed Barley * * * Protein 11% * * * Manufactured By Cokato 
Milling Co. Minneapolis, Minn."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance deficient in protein and containing oats and screenings had been mixed 
and packed with and substituted wholly and in part for ground mixed feed 
barley, which the said article purported to be.
Misbranding was alleged for the reason that the statements in the label- 
ing. " Ground Mixed Feed Barley * * * Protein 11%," were false and 
misleading and deceived and misled the purchaser, in that the article was not a 
ground mixed feed barley and did not contain 11 per cent of protein. Mis- 
branding was alleged for the further reason that the article was offered for 
-sale under the distinctive name of another article, to wit, " Ground Mixed 
Teed Barley   *    *    *    Protein 11%."
On January 8, 1924, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be relabeled and sold by the United States marshal.
C. F. MAKVIN, Acting Secretary of Agriculture.