?4257.  Adulteration   and  misbranding   of  pats.   . "U.  J5.  v..200  Bags   oi flats.
? .-?.        : :Consent decree of comdemnation ami. forfeiture.    Product-ordered
released on bond.     (F. & D. No.. 6612.    I. S. No. 11.698rk.     S. No. E-317.)
On or about June 10, 1915, the United States attorney for the Eastern Dis??
trict of North Carolina, acting upon a report by the Secretary of Agriculture,?
?filed in the District Court of the United States for said district a libel for the?
seizure and condemnation of 200 bags of oats, remaining unsold in the original?
unbroken packages at Wilmington, N. C, alleging that the product had been?
shipped June 1, 1915, by McDonald & Co., New Albany, Ind., and transported?
from the State of Indiana into the State of North Carolina, and charging?
adulteration and misbranding in violation of the Food and Drugs Act. Each?
of the bags was labeled: " McDonald's Magic Purified Oats 159-1/4 lbs. when?
packed."
It was alleged in the libel that the oats were in violation of section 7 of the?
Food and Drugs Act, paragraphs 1 and 2, the said oats being heavily adulterated?
with added water within the meaning of the said act, and were, therefore, for?
that cause liable for seizure and forfeiture by the United States under the?
said act.
It was further alleged in the libel that the oats were in violation of section?
8 of said act, first general paragraph, and paragraph second [being] labeled,?
" McDonald's Magic Purified Oats 159-1/4 lbs. when packed," when, in truth and?
in fact, the said label was false and misleading, and the said bags did not?
contain 159J pounds, but contained .[and were supposed to contain] 150 pounds,?
more or less, of adulterated oats as above set out, and were, therefore, mis-?
branded in violation of the section of law as above quoted.
On June 24, 1915, the said McDonald & Co., claimants, having consented to a?
decree, judgment of condemnation and forfeiture was entered, and it was?
ordered by the court that the product should be delivered to said claimants?
upon payment of all the costs of the proceedings and the execution of bond in?
the sum of $500, in conformity with section 10 of the act.
OAEL TKOOMANJ, Acting Secretary of Agriculture.
380	
BUREAU  OP  CHEMISTRY.	
[Supplement 16.