13507. Adulteration anil misbranding  of malt  sirup.     V.  S. v. 40  Cases  of
Malt    Sirup.     Default    decree    of    condemnation,    forfeiture,    and 
destruction.     (F. & D. No. 14868.     I. S. No. 5951-t.     S. No. E-3303.)
On May 17, 1921, the United States attorney for the Western District of New 
York, 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 40 cases, each containing a number of cans, of malt sirup, 
remaining in the original unbroken packages at Jamestown, N. Y., alleging that 
the article had been shipped by the Michigan Malted Milk Co., from Jackson, 
Mich., August 23, 1920, and transported from the State of Michigan into the 
State of New York, and charging adulteration and misbranding in violation 
of the food and drugs act as amended. The article was labeled in part: (Can) 
" 2x/2 Lbs. Net Weight, Michi-Gander Brand Malt Syrup * * * Michigan 
Malted Milk Co., Jackson, Mich."
Adulteration of the article was alleged in the libel for the reason that it 
consisted in part of a filthy, decomposed, vegetable substance.
Misbranding was alleged for the reason that the net weight of the contents 
of the said cans was not correctly marked on the outside thereof.
On October 29, 1921, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.