11868. Adulteration   and   misbranding   of    tankage.     TJ.    S.   v.    95    Sacks    and
lOO Sacks of Digester Tankage. Decrees of condemnation and 
forfeiture. Product released under bond. (F. & D. Nos. 17625, 
17626.    I. S. Nos. 8840-v, 8841-v.    S. No. C-4061.)
On or about July 9, 1923, the United States attorney for the District of 
Indiana, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district libels praying the seizure 
and condemnation of 195 sacks of digester tankage, remaining in the original 
unbroten packages, in part at Crawfordsville and in part at Jamestown, 
Ind., alleging that the article had been shipped by Swift & Co., from Cleve- 
land, Ohio, on or about May 23, 1923, and transported from the State of 
Ohio into the State of Indiana, and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The article was labeled in part: 
(Sack) "100 Lbs. Net Swift's Digester * * * Tankage Manufactured By 
Swift & Company, Chicago.    Guaranteed Analysis Protein 60%."
Adulteration of the article was alleged in substance in the libels for the 
reason that a substance deficient in protein had been mixed and packed there- 
with so as to reduce and lower and injuriously affect its quality and strength 
and had been substituted wholly or in part for the said article.
Misbranding of the article was alleged for the reason that the statement, 
"Protein 60%," was false and misleading and deceived and misled the pur- 
chaser, in that the said article did not contain 60 per cent of protein but a 
less and smaller amount of such substance.
On August 30, 1923, Swift & Co., Chicago, Ill., claimant, having admitted 
the allegations of the libels, paid the costs of the proceedings, and executed 
bonds in the aggregate sum of $2,000, in conformity with section 10 of the act, 
decrees of condemnation and forfeiture were entered, and it was ordered by 
the court that the product be released to the said claimant under the con- 
ditions of the said bonds and in pursuance with the said act.
HOWARD M. GORE, Acting Secretary of .Agriculture.