12094. Misbranding: of floor. U. S. v. 600 Sacks, et a.1., of Flour. Decree 
ordering release of product under bond to be resacked. (F. & D. 
No. 18017.    I. S. No. 6400-V.    S. No. C-4174.)
On November 14, 1923, the United States attorney for the Western District 
of Arkansas, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 600 sacks, 48 pounds each, and 2,106 sacks, 24 pounds 
each, of flour, at El Dorado, Ark., alleging that the article had been shipped 
by the Slater Mill & Elevator Co., Slater, Mo., on or about October 20, 1923, 
and transported from the State of Missouri into the State of Arkansas, and 
charging misbranding in violation of the Food and Drugs Act, as amended. 
The article was labeled in part: " Slater Mill & Elevator Co. Cream Of Wheat 
Menu * * * Highest Patent Slater, Mo. Bleached 48 Lbs." (or "24 Lbs.") 
" When Packed."
Misbranding of the article was alleged in the libel for the reason that said 
sacks did not contain 24 pounds and 48 pounds, respectively, of the article but 
did contain a less number of pounds than declared on the sacks. Misbranding 
was alleged for the further reason that the quality Iquantity] and contents 
was not plainly and conspicuously marked on the outside of the packages.
On November 30, 1923, the Ritchie Grocery Co., El Dorado, Ark., having 
appeared as claimant for the property, a decree of the court was entered find- 
ing the product misbranded and ordering that it be released to the said claim- 
ant upon payment of the costs of the proceedings and the execution of a bond 
in the sum of $3,000, in conformity with section 10 of the act, conditioned in 
part that the product be resacked in accordance with law.
HOWARD M. GORE, Acting Secretary of Agriculture.