15417. Misbranding of   linseed   meal.     If.   S.   v.   45   Dags   of   Linseed   Meal.
Decree of condemnation and forfeiture entered. Product re- 
leased under bond.     (F. & D. No. 22365.    I. S. No. 20091-x.    S. No. 412.)
On January 7, 1928, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agnculture, filed in the 
District Court of the United States for said district a libel praying seizure and 
condemnation of 45 bags of linseed meal, remaining in the original unbroken 
packages at Chalfont, Pa., consigned by the Mann Bros. Co., Buffalo, N. Y., 
alleging that the article had been shipped from Buffalo, N. Y., on or about 
October 28, 1927, and transported from the State of New York into the State 
of Pennsylvania, and charging misbranding in violation of the food and drugs 
act. The article was labeled in part: "The Mann Bros. Company, Buffalo, 
N. Y., * * * 34% Protein Pure Old Process Linseed Meal Guaranteed 
Analysis Minimum Protein 34%."
It was alleged in the libel that the article was misbranded in that the 
statement " 34% Protein Pure Old Process Linseed Meal Guaranteed Analysis 
Minimum Protein 34%," borne on the label, was false and misleading and 
deceived and misled the purchaser, in that an analysis of a sample of the 
product showed it to be deficient in protein.
On January 30, 1928, the Mann Bros. Co., Buffalo, N. Y., having appeared as 
claimant for the property, 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 $200, conditioned in part that it be relabeled undei 
the supervision of this department.
W. M. JARDINE, Secretary of Agriculture.