12485. Adulteration and misbranding of oats. U. S. v. 250 Sacks of Oats. 
Consent decree of condemnation and forfeiture. Product re- 
leased under bond to be  relabeled and reconditioned.     (F.  & D. I
No. 18649.    I. S. No. 18043-v.    S. No. B-3919.) 
On May 9, 1924, the United States attorney for the Western District of South I
Carolina, 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 250 sacks of oats, at Anderson, S. C, alleging that the \
article had been shipped by Embry E. Anderson, from Nashville, Tenn., on or !
about April 19, 1924, and transported from the State of Tennessee into the I
State of South Carolina, and charging adulteration and misbranding in viola- j
tion of the food and drugs act.   The article was labeled in part " *    *    * "
Daisy Mixed Oats Other grains recleaned and bleached," the words " Daisy -
Mixed Oats " being in large letters and the words " Other grains " being in =
small inconspicuous type.
Adulteration of the article was alleged in the libel in that substances, to wit, 
screenings, added moisture, and salt, had been mixed and packed therewith so 
as to reduce, lower, and injuriously affect its quality and strength and had '
been substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the designation, " Daisy Mixed 
Oats Recleaned," was false and misleading and deceived and misled the pur- 
chaser in that the statement " Other grains" did not correct the misleading
impression conveyed.    Misbranding was alleged for the further reason that the 
article was offered for sale under the distinctive name of another article.
On June 3, 1924, Embry E. Anderson, Memphis, Tenn., claimant, having ad- 
mitted the allegations of the libel and consented to the entry of a decree, judg- 
ment 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 the 
costs of the proceedings and the execution of a bond in the sum of $500, in con- 
formity with section 10 of the act, conditioned in part that the moisture con- 
tent be reduced to 13 per cent or under and that the product be relabeled to 
show that it was recleaned screenings and white oats, sulphur bleached, with 
added salt, and to give the correct weight of the contents of the said sacks.
HOWAED M. GOEE, Secretary of Agriculture.