12461. Adulteration and misbranding of dairy feed.     TT. S. v. 32  Sacks  of
Dairy Feed. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 18160. I. S. No. 7193-v. 
S. No. C-4227.)
On December 14, 1923, the United States attorney for the Northern District 
of Alabama, 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 32 sacks of dairy feed at Boyles, Ala., alleging 
that the article had been shipped by the Mississippi Elevator Co., from Memphis, 
Tenn., on or about October 19,1923, and transported from the State of Tennessee 
into the State of Alabama, and charging adulteration and misbranding, in vio- 
lation of the food and drugs act as amended. The article was labeled in part: 
(Tag) "100 Lbs. Net When Sacked Prize Dairy * * * Guaranteed An- 
alysis: Protein Minimum 24.00 * * * Manufactured By Mississippi Ele- 
vator Co., Memphis, Tenn."
Adulteration of the article was alleged in the libel for the reason that a 
substance deficient in protein had been mixed and packed with and substituted 
wholly and in part for the said article.
Misbranding was alleged for the reason that the statement in the label, 
" Protein Minimum 24.00," was false and misleading and deceived and mis- 
led the purchaser, and for the further reason that the article was food in 
package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package.
On July 11, 1924, the Mississippi Elevator Co., claimant, having admitted 
the allegations of the libel and consented to the entry of a decree, judgment of 
?condemnation and forfeiture 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 bond in the sum of $300, in con- 
formity with section 10 of the act, conditioned in part that the product be 
properly labeled, particularly with the words " Protein 21% per cent," and that 
the sacks be filled to 100 pounds net.
HOWARD M. GORE, Secretary of Agriculture.