5640.  Adulteration and misbraiidiiaj; of oats.     V.  S.     *     *     *     v.  CaliaJian 
&   Sons,   a   corporation.      Plea   of   guilty.      Fine,   $25    and   costs.
(F. & D. No. 7348.    I. S. No. 3137-k.)
On July 10, 1916, the United States attorney for the Western District of. 
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Callahan & Sons, a corporation, ^Louisville, Ky., alleging shipment by said 
company, In violation of the Food and Drugs Act, on or about April 15, 1915, 
from the State of Kentucky into the State of West Virginia, of a quantity of 
oats, which were adulterated and misbranded. The article, was labeled in 
part:    (On sack) "160 lbs. Virginia White Oats   Special."
Analysis of a sample of the article by .3 Bureau of Chemistry of this de- 
partment showed the following results:
Oats (percent) 
69.6
Barley (percent) 
25.0
Screenings (percent)  
3.3
Adulteration of the article was alleged in the information for the reason that 
a certain substance, to wit, low grade barley, bad been mixed and packed 
therewith so as to reduce, lower, and injuriously affect its quality and strength, 
and had been substituted in part for Virginia White Oats which the article 
purported to be.
Misbranding was alleged for the reason that the following statement regard- 
ing the article and the ingredients and substances contained therein, appear- 
ing on the labels of the sacks, to wit, " Virginia White Oats Special/' was false 
and misleading in that it indicated to purchasers thereof that the said article 
consisted wholly of Virginia white oats, and for the further reason that it 
was labeled " Virginia White Oats Special," so as to deceive and mislead pur- 
chasers into the belief that said article consisted wholly of Virginia white 
oats, when, in truth and in fact, it did not, but did consist of, to wit, a mixture 
of oats and low grade barley.
On October 2, 1916, the defendant company entered a plea of guilty to the 
information, and the court imposed a fine of $25 and costs.
C. F. MAEVIN, Acting Secretary of Agficuliure.