12357. Adulteration and misbranding of flour. XJ. S. v. 343 Sacks of Flour. 
Consent decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 18493. I. S. No. 18731-v. S. No. 
C-4317.) 
I
On March 14, 1924, the United States attorney for the Eastern District of 
Missouri, 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 343 sacks of flour remaining in the original unbroken 
packages at St. Louis, Mo., alleging that the article had been shipped by the 
Lyons Milling Co., Burton, Kans., on or about February 16, 1924% and transported 
from the State of Kansas into the State of Missouri, and charging adulteration 
and misbranding in violation of the food and drugs act as amended. The 
article was labeled in part: (Sack) "The Lyons Milling Company 140 Pounds 
Telegram Registered * * * Kansas Hard Wheat Flour General Offices, 
Lyons, Kansas."
Adulteration of the article was alleged in the libel for the reason that a 
substance, water, had been mixed and packed with and substituted wholly or 
in part for the said article. 
*
Misbranding was alleged for the reason that the statement in the label "140 
Pounds," was false and misleading and deceived and misled the purchaser, 
and for the further reason that the article was in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package.
On April 29, 1924, John C. Brockmeier, trading as Brockmeier & Co., St. 
Louis, Mo., having appeared as claimant for the property and having con- 
sented to' the entry of a decree, judgment of condemnation was entered, and 
it was ordered by the court that the product be released to the said claimant 
upon payment of the costs of the proceedings and the execution of a good and 
sufficient bond, in conformity with section 10 of the act, conditioned in part 
that the sacks be relabeled under the supervision of this department and that 
the sacks be refilled to the correct quantity of contents.
' HOWARD M. GORE, Acting Secretary of Agriculture.