12512. Misbranding  of  oats.    tl.  S.  v. 520  Sacks of  Oats.    Default   deei-ee   of
condemnation,   forfeiture,   and   destruction.     (F.   &   D.   No.   18701.
I. S. No. 12317-v.    S. No. C-4376.)
On or about April 2, 1924, the United States attorney for the District of 
Kansas, acting upon a report by an official of the State of Kansas, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 520 sacks of oats remaining in the original unbroken pack- 
ages at Pittsburg, Kans., alleging that the article had been shipped by the 
General Commission Co., Kansas City, Mo., on or about March 13, 1924, and 
transported from the State of Missouri into the State of Kansas, and charging 
misbranding in violation of the food and drugs act as amended.
Misbranding of the article was alleged in substance in the libel for the 
reason that it was [food] in package form and bore no label, mark, or brand 
of any character showing the net weight thereof. Misbranding was alleged 
for the further reason that the article was in package form and purported to 
be 96 pounds per sack, net weight, as was shown by the invoice and freight bill, 
whereas, in truth and in fact, the sacks contained a materially less amount 
than 96 pounds net weight.
On June 26, 1924, 8 sacks of the product having been seized and no claimant 
having appeared therefor, judgment of condemnation and forfeiture was en- 
tered, and it was ordered by the court that the product be destroyed by the 
United States marshal.
HOWARD M, GOEE, Secretary of Agriculture.