21042. Misbranding of brown wheat aborts. V. S. v. 90 Sacks of Brown 
Wheat Shorts. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. no. 29704.    Sample no.  14083-A.)
This action involved an interstate shipment of brown wheat shorts which 
?contained less protein and less fat than declared on the labeling.
On January 2, 1983, the United States attorney for the Northern District 
of Mississippi, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 90 sacks of 
brown wheat shorts at Corinth, Miss., alleging that the article had been shipped 
in interstate commerce, on or about December 1, 1982, by the Model Mill Co., 
from Jackson, Tenn., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: " Model Brown Wheat 
Shorts * * * Manufactured by the Model Mill Company, Jackson, Tennes- 
see, Guaranteed Analysis Crude Protein, not less than 16.00% Crude Fat, 
not less than 4.00%."
It was alleged in the libel that the article was misbranded in that the state- 
ments on the label, "Crude Protein not less than 16.00%, Crude Fat, not less 
than 4.00% ", were false and misleading and deceived and misled the pur- 
chaser, since the article contained less protein and less fat than so declared.
On April 12, 1933, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.