4322.   Alleged  adulteration   and  misbranding1  of  " Germ  Grakam  Ploxir."?
' IT. S. v. The John P. DonsmaH Milling Co., a corporation.    Demur??
rer   to   information   sustained.    Information   ordered   dismissed.
(P. & D. No. 3786.    I. S. No. 17362-c.)
On April 22, 1912, the United States attorney for the Eastern District of?
Wisconsin, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district an information against the?
John P. Dousman Milling Co.; a corporation, De Pere, Wis., charging shipment?
by defendant company on May 3, 1911, from the State of Wisconsin into the?
State of Michigan, of a quantity of " Germ Graham Flour " which was alleged?
to have been adulterated and misbranded. The article was labeled: " 1-20 Bbl.?
10 lbs. Patent 1892 Germ Graham Flour Put up by J. P. Dousman Milling Co.,?
De Pere, Wis.   Dousman's Germ Graham."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed the following results:
Moisture  (per cent)?
11.82
Ash (percent)?
     1.28
Protein (Nx6.25)   (per cent)?
_? 14.68
Fiber   (per cent)?
     0.82
Ether extract (percent)?
     2.14
Examination of the sample showed the article to be a mixture of?
ordinary flour and germ bran.
Adulteration of the article was alleged in the information for the reason?
that it was sold under and by the name " Germ Graham Flour," understood by?
the trade and by the public to be unbolted wheat meal, whereas, in truth and?
in fact, the said food product contained and possessed, at the time of shipment?
in interstate commerce, a mixture of ordinary flour and germ bran.
Misbranding was alleged for the reason that the product bore the label set?
forth above, which said label was false and misleading, for the reason that the?
statement " Germ Graham Flour " led purchasers to believe, and was calcu??
lated so to lead them to believe, that the food product contained an appreciable?
amount of wheat germ, whereas, in truth and in fact, it was a mixture of?
ordinary flour and germ bran.
On May 18, 1912, the defendant company filed its answer to the information,?
which was afterward withdrawn, and its demurrer to the information inter??
posed. On July 30, 1915, the case having come on for hearing, and having been?
submitted to the court upon the pleadings and upon an agreed statement of?
facts, it was ordered by the court that the information be dismissed.
CAEL VEOOMAN, Acting Secretary of Agriculture.
N. J. 4301-4350.]   SERVICE  AND  REGULATORY  ANNOUNCEMENTS.	453