12238. Misbranding of flour.     U. S. v. 4S Sacks of Flour.     Decree ordering-
release  of product under bond to be  reconditioned  or relabeled.
(F. & D. No. 17684.    I. S. No. 11818-v.    S. No. W-1403.)
On August 16, 1923, the United States attorney for the district of Nevada, 
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 con- 
demnation of 48 sacksof flour at Reno, Nev., alleging that the article had been 
shipped by the Globe
" Grain & Milling Co. from Ogden, Utah., on or about 
July 2, 1923, and transported from the State of Utah into the State of Nevada, 
and charging misbranding in violation of the food and drugs act, as amended. 
The article was labeled in part: (Sack) "Globe Mills * ' * Flour Fancy 
Patent Globe 'A 1' Quality First Ogden-Utah * * * Bleached * * * 
Net Weight 12 Lbs."
Misbranding of the article was alleged in substance in the libel for the reason, 
that the statement appearing in the labeling, " Net Weight 12 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 an 
the outside of the package.
On February 23, 1924, the Globe Grain & Milling Co., Ogden, Utah, having 
appeared as claimant for the property, and the court having found that the 
Government had established the material allegations of the libel, judgment was 
entered ordermg 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, conditioned in part that it be reconditioned or relabeled in compliance with 
the law and that the claimant pay the costs of the proceedings.
HOWARD M. GOEE, Acting Secretary of Agriculture.