11898. Adulteration and misbranding of flour.     U. S. v. 610 Sacks of Flour.
Consent   decree   of   condemnation   and   forfeiture.    Product    re- 
i    leased   under   bond.     (F.   &   D.   No.   17666.    I.   S.   No.   8426-v.    S.   No. 
W-1395.)
On July 25, 1923, the United States attorney for the Northern District of 
California, 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 610 sacks of flour, remaining in the original unbroken 
packages at San Francisco, Calif., alleging that the article had been shipped 
by the Hustler Flour Mills, from Salt Lake City, Utah, on June 26, 1923, and 
transported from the State of Utah into the State of California, and charging 
adulteration and misbranding in violation of the Food and Drugs Act, as 
amended. The article was labeled in part: (Sack) "Ranier Fancy Patent 
Flour   *    *    *   Bleached 98 Lbs. Net   *    *    *   When Packed."
Adulteration of the article was alleged in the libel for the reason that water 
liad been mixed and packed with and substituted in part for the said article.
Misbranding was alleged for the reason that the statement, " 98 Lbs. Net 
* * * When Packed," was false and misleading and deceived and misled the 
purchaser. Misbranding was alleged for the further reason that the article 
was food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package.
On July 28, 1923, Moore-Ferguson & Co., copartners, San Francisco, Calif., 
claimants, having consented to the entry of a decree, judgment of condemnation 
?and forfeiture was entered, and it was ordered by the court that the product 
might be delivered to the said claimant upon payment of the costs of the pro- 
ceedings and the execution of a bond in the sum of $2,000, in conformity with 
section 10 of the act, conditioned in part that it be made to conform with tne 
law under the supervision of this department.
HOWABD M. GOEE, Acting Secretary of Agriculture.