(N. J. 105.)
ADULTERATION AND MISBRANDING OP A CEREAL.
(AS TO PRESENCE OF WHEAT.)
In accordance with the provisions of section 4 of the Food and Drugs?
Act of June 30, 1906, and of regulation 6 of the rules and regulations?
for the enforcement of the act, notice is given that on the 21st day of?
April, 1909, in the district court of the United States for the southern?
district of California, in a proceeding of libel under section 10 of the?
aforesaid act, for seizure and condemnation of 500 sacks of a cereal?
labeled, " Iowa Rolled Oats Mixture, Manufactured by Acme Mills?
Company, Portland, Oregon," which was adulterated and misbranded?
in this: Adulterated in that 50 per cent of wheat product had been sub??
stituted in part for the oats and thereby reduced and lowered the?
quality and strength, and misbranded in that the statement on the?
label that it was rolled oats was false and misleading, for it was a?
mixture of oats and wheat, wherein the Acme Mills Company, a cor??
poration of Portland, Oreg., was claimant, the cause having come on?
for final hearing, and the said claimant having admitted the allega??
tions of the libel, a decree of forfeiture and condemnation was rendered?
by the court in substance and in form as follows:
IN  THE   DISTRICT  COURT   OF   THE   UNITED   STATES,   FOR   THE   SOUTHERN?
DISTRICT  OF  CALIFORNIA, SOUTHERN DIVISION.
UNITED STATES OF AMERICA, Libelant,?
versus?
FIVE HUNDRED SACKS OF CEREALS LABELED?
"Iowa Rolled Oats Mixture, Manufactured?
by Acme Mills Company, Portland, Oregon,"?
Defendants.
DECREE OF CONDEMNATION.
This cause came on regularly to be heard on the 19th day of April, 1909, said?
date being the return day heretofore fixed by the court for the return of process?
herein, and the United States marshal for the southern district of California?
having duly and regularly read and made the proclamation in open court, and?
the Acme Mills Company, a corporation organized and existing under and by?
virtue of the laws of the State of Oregon, being present in court by its attorneys,?
Messrs. Lawler, Allen, Van Dyke, & Jutten, who appeared for said corporation?
and announced that said corporation claimed the said five hundred sacks of?
cereals as the owner thereof, and moved the court that said Acme Mills Com??
pany, a corporation, be given up to and including the 20th day of April, 1909,?
in which to file its claim and answer in said cause, and the court having granted?
said motion, and the said Acme Mills Company, a corporation, having on the?
20th day of April, 1909, duly and regularly filed its claim and answer in said?
cause, in and by which said claim and answer the said Acme Mills Company, a
Al?71
In rem.
corporation, claims to be the owner of each and all of said five hundred sacks?
of cereals heretofore seized and attached by the United States marshal under?
and by virtue of the process of this court in this proceeding, and said claimant?
having further by said answer admitted the truth of each and all of the allega??
tions contained in the libel for condemnation heretofore filed in this proceeding,?
and said claimant having in and by said answer prayed this honorable court?
that an order be made herein that each and all of the said five hundred sacks?
of cereals seized by the said United States marshal in this proceeding as afore??
said be delivered to the said Acme Mills Company, a corporation, claimant and?
owner as aforesaid, for the purposes and under and by virtue of the provisions?
of section 10 of the act of Congress of June 30, 1906, known as the Food and?
Drugs Act, and upon the said claimant complying with such terms as may be?
required by Taw,
Now, therefore, the court finds that each and all of the allegations of said libel?
of condemnation are true, and that each and all of said five hundred sacks of?
cereals so seized by the United States marshal as aforesaid, and the article of?
food therein contained, were and are misbranded and adulterated as in said?
libel of condemnation set forth.
Now, therefore, it is hereby ordered, adjudged, and decreed that, upon the?
said claimant, Acme Mills Company, a corporation, producing to and delivering?
to this court, to be approved by this court and filed therein, a good and suffi??
cient bond in the sum of one thousand dollars, conditioned that such articles?
shall not be sold or otherwise disposed of contrary to the provisions of said act?
of Congress of June 30, 1906, known as the Food and Drugs Act, or of the laws?
of any State, Territory, district, or insular possession, and upon the payment of?
the costs taxed herein, the said articles condemned herein, and the whole thereof,?
shall be delivered to the said claimant, said Acme Mills Company, a corporation,?
or to its duly authorized agent or representative, upon the conditions aforesaid,?
said costs being taxed in the sum of 47.30 dollars.
Dated this 21st day of April, 1909.
OLIN WELLBORN,
Judge.
The facts in the case were as follows:
On or about March 22, 1909, an inspector of the Department of Agri??
culture found in the possession of Haas, Baruch & Co., Los Angeles,?
Cal., 500 sacks of a food product labeled "Iowa Rolled Oats Mixture,?
Manufactured by Acme Mills Company, Portland, Oregon." The goods?
had been shipped by the manufacturer, the Acme Mills Company, from?
Portland, Oreg., to Haas, Baruch & Co., Los Angeles, Cal., on or about?
January 28, 1909. A sample of the product was subjected to analysis?
in the Bureau of Chemistry of the United States Department of Agri??
culture and found to consist of 50 per cent of oats and 50 per cent of?
wheat. It was apparent, therefore, that the product was both adulter??
ated and misbranded within the meaning of sections 7 and 8 of the act;?
adulterated for the reason that wheat had been substituted in part for?
the oats, and misbranded in that it was labeled "Iowa Rolled Oats?
Mixture," whereas it was not a mixture of oats, but a mixture of wheat?
and oats. On March 23, 1909, the facts were reported by the Secretary?
of Agriculture to the United States attorney for the southern district of
Al?71
California and libel for seizure and condemnation was duly filed, with
the result hereinbefore stated.
H. W. WILEY,
F. L. DUNLAP,
GEO. P. MCCABE,
Board of Food and Drug Inspection.?
Approved:
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, November i, 1909.