28070. Adulteration and misbranding of flour.     U. S. v. 191 Sacks and 82 Sacks
of Flour.    Default decrees of condemnation and destruction.     (F. & D.
Nos. 40166, 40250.   Sample Nos. 13963-C, 13970-C.)
This product was adulterated because of weevil infestation and was mis- 
branded because the statements "Bleached" and "Phosphate Added" were 
inconspicuously printed in pale yellow type on white or unbleached cotton 
sacks.
On September 2 and 4, 1937, the United States attorney for the Eastern Dis- 
trist of Louisiana, acting upon reports by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 273 sacks of 
flour at New Orleans, La., alleging that the article had been shipped in interstate 
commerce on or about July 17 and 19, 1937, by Ballard & Ballard Co., Inc., 
from Louisville, Ky., and charging adulteration and misbranding in violation 
of the Food and Drugs Act. A portion was labeled : (Sacks) "Bleached Southern 
Favorite Pure Flour Phosphate Added New South Flour Co. Louisville, Ky." 
The remainder was labeled: "Bleached * * * Dorothy Perkins Flour Phos- 
phate Added   Ballard & Ballard Co. Incorporated Louisville, Ky."
The article was alleged to be adulterated in that it consisted wholly or in 
part of a filthy vegetable substance.
It was alleged to be misbranded in that the statements "Bleached" and 
"Phosphate Added" were false and misleading and tended to deceive and mislead 
the purchaser since they were inconspicuously placed.
On October 15, 1937, no claimant having appeared, judgments of condemnation 
were entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.