458S. Misbranding of dairy feed. IT. S. v. 60 Sacks * * * of * * *?
" Creamo Dairy Feed." Consent decree of condemnation and for??
feiture. Product ordered released on bond. (F. & D. No. (5844. I. S.?
No. 13533-k.    S. No. C-311.)
On September 1, 1915, the United States attorney for the District of Indiana,?
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 60 sacks, more or less, of a product purporting to be " Creamo Dairy Feed,"?
remaining unsold in the original unbroken packages at New Albany, Intl.,?
alleging that the article had been shipped and transported from the State of?
Kentucky into the State of Indiana, the shipment having been received on or?
about March 12, 1915, and charging misbranding in violation of the Food and?
Drugs Act. The sacks were marked and branded: " Rapier's 100 lbs. Net?
Creamo Dairy Feed. Rapier Sugar Feed Co., Owensboro, Ky." The shipping?
tags on the sacks were marked and branded, in part: " $50 fine for using this?
tag second time. No. 5185. Net weight 100 Pounds. Rapier Sugar Feed Com??
pany, of Owensboro, Ky., guarantees this Rapier's Creamo Dairy Feed to contain?
not less than 3.5 per cent of crude fat, 16.5 per cent of crude protein, not?
more than 12.0 per cent of crude fibre, and to be compounded from the fol??
lowing ingredients. Cottonseed Meal, Corn Gluten Feed, Linseed Meal, Ground?
and Bolted Wheat Screenings, Clipped Oat By-Product, Salt and Molasses.?
*    *    *    Not good for more than J.00 Pounds."
Misbranding of the article was alleged in the libel for the reason that the?
statement, design, and device (borne upon the brands aforesaid) regarding the?
article and the ingredients and substances contained therein were false and?
misleading in that the product did not contain the percentages of ingredients?
marked as aforesaid on said sacks, and further in that the contents of said?
sacks, as originally put up, had been removed in part, and other contents had?
been placed in said packages.
On November 16, 1915, the Rapier Sugar Feed Co., a partnership, Owensboro,?
Ky., having filed its answer admitting the allegations of the libel, judgment of?
condemnation and forfeiture was entered, and the said claimant firm having?
paid the costs of the proceedings, and having tendered its bond in the s'uni of?
$500 in conformity with section 10 of the act, which bond was approved by?
the com-t, it was ordered by the court that the product should be delivered to?
said claimant firm.
GAEL VBOOMAN, Acting Secretary of Agriculture.
N.J. 4551-4600.]    SERVICE  AND REGULATORY ANNOUNCEMENTS.	99