12220. Misbranding of tankage. U. S. v. 1GO Sacks of Success Brand 
Digrestez' Tankage. Decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 18280. I. S. No. 8834-v. 
S. No, C-4270.)
On February 2, 1924, the United States attorney for the District of Indiana, 
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 condemna- 
tion of 160 sacks of Success brand digester tankage, remaining in the original 
unbroken packages at Francesville, Ind., alleging that the article had been 
shipped by the United Bi-Products Co. from Chicago, Ill., on or about July 10, 
1923, and transported from the State of Illinois into the State of Indiana, and 
charging misbranding in violation of the food and drugs act. The article was 
labeled in part: " Success Brand Digester Tankage * * * Protein 60% 
Manufactured By United Bi-Products Company * * * Chicago, East St. 
Louis."
Misbranding of the article was alleged in substance in the Irbel for the reason 
that the statement, " Protein 60%," was false and misleading and deceived and 
misled the purchaser, in that the article did not contain 60 per cent of protein 
but did contain a less amount.
On February 28, 1924, the United Bi-Products Co., Chicago, Ill., having ap- 
peared and filed its claim for the property and an answer of admission, and 
1909-24 2
having paid the costs of the proceedings, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be 
released to the said claimant upon the execution of a bond in the sum of $500, 
in conformity with section 10 of the act.
HOWARD M. GOEE, Acting Secretary of Agriculture.