18448. Misbranding of Molo dairy feed.    V. S. v. 150 Sacks of Molo Dairy
Feed.     Consent  decree of condemnation and forfeiture.    Product 
released nnder bond.    (F. & D. No. 26162.    I. S. No. 16726.    S. No. 4486.)
Samples of dairy feed from the shipment herein described having been 
found to contain less protein and more fiber- than declared on the label, the 
Secretary of Agriculture reported the matter to the United States attorney 
for the Western District of Wisconsin.
On March 28, 1931, the United States attorney filed in the District court, 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 150 sacks of Molo dairy feed at Columbus* Wis., alleging: 
that the article had been shipped by the Molo Feed Mills from St. Paul, Minn.,. 
September 2, 1930, and had been transported from the State of Minnesota 
into the State of Wisconsin, and charging misbranding in violation of the- 
food and drugs act. The article was labeled in part: " Molo Dairy Feed,. 
Manufactured by Molo Feed Mills, St. Paul, Minn., Protein Not less than*. 
16%,   *   *   *   Fiber not to exceed 12%."
It was alleged in the libel that the article was misbranded in that the- 
statements on the label, " Protein not less than 16% " and " Fiber not to exceed' 
12%," were false and misleading, since the article contained less than 16- 
per cent of protein and more than 12 per cent of fiber.
On May 11, 1931, F. A. Tuschen, Sun Prairie, Wis., 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 $500, conditioned in-part - 
that it be relabeled, the court having found that the product might be legally- 
sold if labeled, "Protein not less than 14%%" and "Fiber not to exceed" 
15ft %."
ABTHTJB M. HYDE, Secretary of Agriculture.