12314. Adulteration  and  misbranding?  of tankage.    U.   S.  v.  300  Sacks   of
Hyklass Digester Tankage. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 18447. I. S. No. 17710-v. 
S. No. C-4308.)
On or about March 14, 1924, the United States attorney for the Southern Dis- 
trict of Iowa, 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 300 sacks of Hyklass Digester tankage remaining in the 
original unbroken packages at Muscatine, Iowa, alleging that the article had 
been shipped by the Rogers By-Products Co., Aurora, Ill., on or about January 
25, 1924, and transported from the State of Illinois into the State of Iowa, and 
charging adulteration and misbranding in violation of the food and drugs 
act. The article was labeled in part: "Hyklass * * * Digester Tankage 
Guaranteed Analysis Protein 60% Fat 7% Crude Fibre 8% Made By 
Rogers By-Products  Co.   Aurora,  Ills."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, to wit, hoof meal, had been mixed and packed with and had been sub- 
stituted wholly or in part for the said article. Adulteration was alleged for 
the further reason that a poisonous or deleterious ingredient, to wit, broken 
glass, which might have rendered it harmful to health, had been added to the 
article.
Misbranding was alleged for the reason that the designation " Digester Tank- 
age," and the statements, " Guaranteed Analysis Protein 60%," " Fat 7%," 
appearing in the labeling, were false and misleading and deceived and misled 
the purchaser, since the said product was a mixture of tankage and hoof meal 
and broken glass and contained less than 60 per cent of protein and less than 
7 per cent of fat. Misbranding was alleged for the further reason that the 
article was offered for sale under the distinctive name of another article.
On April 28, 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 destroyed by the United States marshal.
HOWARD M. GORE, Acting Secretary of Agriculture.