12555.  Misbranding' of ground  beef  scrap.    V.  S.  v.  150  Sacks  of  Ground 
Beef   Scrap.     Decree   ordering   release   of   product   under   bond.
(F. & D. No. 18454.    I. S. No. 10599-v.    S. No. E-4771.)
On or about March 15, 1924, the United States attorney for the District of 
Maryland, 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 150 sacks, more or less, of ground beef scrap, consigned 
on or about January 23, 1924, remaining in the original unbroken packages 
.at Denton, Md., alleging that the article had been shipped by M. L. Shoemaker 
& Co. (Inc.) from Philadelphia, Pa., and transported from the State of 
Pennsylvania into the State of Maryland, and charging misbranding in viola- 
tion of the food and drugs act. The article was labeled in part: (Bag) "100 
Lbs Shoemaker's Swift-Sure * * * Ground Beef Scrap * * * Manufactured By 
M. L. Shoemaker & Co Incorporated Philadelphia Pa Guaranteed Analysis 
Protein   55   65%."
Misbranding of the article was alleged in the libel for the reason that the 
statement, " Guaranteed Analysis Protein 55 65%," appearing on the labels, 
was false and misleading and deceived and misled the purchaser in that the 
said statement represented that the said article contained from 55 to 65 per 
cent of protein, whereas, in truth and in fact, it contained a less amount.
On April 1, 1924, M. L. Shoemaker & Co. (Inc.), Philadelphia, Pa., having 
appeared as claimant for the property, judgment of the court was entered, 
-ordering 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 $900, 
in conformity with section 10 of the act, conditioned in part that it be relabeled 
to the satisfaction of this department.
HOWARD M. GOEE, Secretary of Agriculture.