14034. Misbranding of flour.    V. S. v. 110 Sacks, et al., of Flour.    Decrees
of condemnation and forfeiture. Product released under bond. 
(F. & D. Nos. 19013, 19024. I. S. Nos. 3701-v, 3704-v, 3705-v, 3706-v, 
16525-v.    S. Nos. E-4948, E-4947.)
On September 25 and 27, 1924, respectively, the United States attorney 
for the Western District of South Carolina, acting upon reports by the Sec- 
retary of Agriculture, filed in the District Court of the United States for 
said district libels praying the seizure and condemnation of 420 sacks of 
flour, in part at York, S. C, and in part at Anderson, S. C, alleging that 
the article had been shipped by the Sterling Mills, Inc., from Statesville, 
N. C, in part August 2, 1924, and in part September 3, 1924, and transported 
from the State of North Carolina into the State of South Carolina, and charg- 
ing misbranding in violation of the food and drugs act. The article was 
labeled in part: "48 Lbs. When Packed," or "24 Lbs. When Packed." A 
portion of the product was further labeled: " Sterling Flour, Sterling Mills, 
Inc., Statesville, N. C."
Misbranding of the article was alleged in the libels for the reason that the"'" 
statements borne on the labels of the said sacks, to wit, " 24 Lbs. When 
Packed " or " 48 Lbs. When Packed," as the case might be, were false and mis- 
leading and deceived and misled purchasers thereof. Misbranding was alleged 
for the further reason that the article was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package.
On February 28, 1925, and March 7, 1925, respectively, the Sterling Mills, 
Inc., Statesville. N. C, having appeared as claimant for the property and 
having admitted the allegations of the libels, judgments of condemnation and 
forfeiture were entered, and it was ordered by the court that the product 
be released to the said claimant upon payment of the costs of the proceed- 
ings and the execution of bonds in the aggregate sum of $1,000, in conformity 
with section 10 of the act, conditioned in part that the sacks be refilled to 
the declared weight and that the words "When Packed" be eliminated from 
the labels.
R. W. DTTNLAP, Acting Secretary of Agriculture.