18417. Misbranding of  chick  meat  and  bone  meal.    U.  S.  v. 225 Bass  of
Chick Meat and Bone Meal. Consent decree of condemnation and 
forfeiture. Product released under bond. (F. & D. No. 25345. I. S. 
No. 9593.    S. No. 3610.)
Samples of chick meat and bone meal from the shipment herein described 
having been found to contain less protein than declared on the label, the 
Secretary of Agriculture reported the matter to the United States attorney 
for the Northern District of New York.
On November 20, 1930, the United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 225 bags of chick meat and bone meal, remaining in the 
original unbroken packages at Fulton, N. Y., alleging that the article had 
been shipped by the Berg Co. (Inc.), Philadelphia, Pa., on or about August 8, 
1930, and had been transported from the State of Pennsylvania into the State 
of New York, and charging misbranding in violation of the food and drugs 
act. The article was labeled in part: "Berg's Chick Meat' and Bone Meal ' 
55 Protein Manufactured by The Berg Company, Inc., Philadelphia, Pa. 
Guaranteed Analysis, Min. Protein, 55%."
It was alleged in substance in the libel that the article was deficient in 
protein and was misbranded in that the labeling was false and misleading to 
the purchaser when applied to an article containing less protein than declared 
thereon.
On March 17, 1931, F. G. Ludingt'on & Sons. Fulton, N. Y., having appeared 
as claimant for the property and having 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 costs and the execution of a bond in the sum of $750, conditioned in part 
that it be relabeled, under the supervision of this department to show that 
the protein content was 45 per cent instead of 55 per cent.
ABTHUB M. HYDE, Secretary of Agriculture.