4515. Adulteration, and misbranding of oats. II. S. * * * v. 55 Sacks?
of Oats. Consent decree of condemnation and forfeiture. Product?
ordered released on bond. (F. & D. No. 6673. I. S. No. 3383-k. S. No.?
E-337.)
On July 1, 1915, the United States attorney for the Southern District of?
Florida, 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 55 sacks, each containing 99.28 pounds net, of an article?
purporting to be oats, remaining unsold in the original unbroken packages at?
Tampa, Fla., alleging that the article had been shipped on April 19, 1915, and?
transported from the State of Tennessee into the State of Florida, and charg??
ing adulteration and misbranding in violation of the Food and Drugs Act.?
The article was labeled: " Wade's W Oats.    100 Lbs. Gross, 99.28 Lbs. Net."
Adulteration of the article was alleged in the libel for the reason that it was?
labeled as " W Oats," and other substances, to wit, barley, weed seeds, and chaff,?
had been substituted for the said W oats, and had been mixed and packed with?
the same so as to reduce, lower, and injuriously affect the quality and?
strength thereof.
Misbranding was alleged for the reason that the statement, " Wade's W Oats.?
100 Lbs. Gross, 99.28 Lbs. Net," was a false and misleading statement as to?
the ingredients and substances contained in the sacks, in that they contained?
(in addition to oats) barley, weed seeds, and chaff.
On July 15, 1915, G. Ficarrotta & Co., Tampa, Fla., claimant, having filed?
its answer admitting the allegations of the libel, judgment of condemnation?
and forfeiture was entered, and it was ordered by the court that the product?
should be delivered to said claimant upon payment of the costs of the pro??
ceedings and the execution of bond in the sum of $250 in conformity with sec??
tion 10 of the act, one of the conditions of said bond being that the oats should?
be properly branded prior to their sale.
CARL VKOOMAN, Acting Secretary of Agriculture.
N. J. 4501-4550.] SERVICE  AND REGULATORY ANNOUNCEMENTS.	27