30584. Adulteration and misbranding of self-rising buckwheat, wheat, and corn
flour. 17. S. v. 28 Cartons of ASCO Brand Self Rising Buckwheat, 
Wheat, & Corn Flour. Default decree of condemnation and destruc- 
tion.     (F. & D. No. 45105.    Sample No. 34453-D.)
This product contained sand, and it was also short of the declared weight
On March 28, 1939, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying-seizure and condemnation of 28 cartons of buckwheat, wheat, and 
corn flour at Baltimore, Md.; alleging that the article had been shipped in inter- 
state commerce on or about January 26, 1939, by France Milling Co. from 
Cobleskill, N. Y.; and charging adulteration and misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: "Distributed 
by American Stores Co.    Philadelphia, Pa."
It was alleged to be adulterated in that buckwheat flour containing sand had 
been mixed and packed with it so as to reduce or lower its quality, and had 
been substituted in whole or in part for the article.
It was alleged to be misbranded in that the statement "Net Weight 1 lb. 4 
Oz.," borne on the package, was false and misleading and tended to deceive 
and mislead the purchaser when applied to an article that was short weight; 
and in that it was food in package form and the quantity of the contents was 
not plainly and conspicuously marked on the outside of the package, since the 
quantity stated was not correct.
On April 19, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.