4714.  Misbranding  of  feed.     U.   S.     *      *      *     v.  300  Sacks  of  "Big  K  Sweet?
Dairy STeed."    Decree of condemnation and forfeiture after submission
to a Jury.    Product ordered released on bond.     (P. & D. No. 7166.    I. S.?
No. 2370-1.    S. No. E-533.)
On January 25, 1916, the United States attorney for the Eastern District of?
South 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 300 sacks, each containing 100 pounds, of " Big K Sweet?
Dairy Feed," remaining unsold in the original unbroken packages at Columbia,?
S. C, alleging that the-article had been shipped, on or about November 13, 1915,?
by John Wade' & Sons, Memphis, Tenn., and transported from the State of?
Tennessee into the State of South Carolina, and charging misbranding in viola??
tion of the Food and Drugs Act. The article was labeled: " 395. 100 pounds of?
Big K Sweet Dairy Feed' Manufactured for Kirkland Distributing Co. Colum??
bia, S. C. Guaranteed Average Analysis Protein 15.50 Fat 3.50. Fibre (not?
ov6r) 13.00 Carbohydrates 45.00 Made from Dry Brewers Grains, C. S. Meal.?
Alfalfa Meal.   Molasses."
Misbranding of the article was alleged in the libel for the reason that it was?
deficient in protein and fat and contained excessive crude fiber, and the state??
ments on the labels, marks, and brands as to the amounts of said ingredients?
were false and misleading and thereby deceived and misled the purchaser.
On March 11, 1916, no claimant having appeared for the property, witnesses?
were examined in open court and the case submitted to a jury for its delibera??
tion. After due consideration the jury returned into court with a verdict in?
favor of the Government, and thereupon an order was taken condemning and?
confiscating the feed to the use of the United States and directing the marshal to?
sell the same after due advertisement.
On March 30, 1916, John Wade & Sons, Memphis, Tenn., claimants, petitioned?
the court to reopen the case and set aside the order for the sale of the prop??
erty, and on said date the order of sale was set aside! It was thereupon?
ordered by the court that the property should be delivered to said claimants?
upon payment of all the costs of the proceedings and the execution of bond in?
the sum of $300, in conformity with section 10 of the act.
CAKL VEOOMAN, Acting Secretary of Agriculture.
N. J. 4701-4750.] SERVICE  ANT> REGULATORY ANNOUNCE
MENTS.?277