7658. Adulteration and misurandinsr of an article purporting to l>e dried 
sugar-beet meal. TJ. S. v. 3^43 Sacks of Beet Meal. Consent de- 
cree of condemnation and forfeiture.    Product ordered destroyed.
(F. & D. No. 9047.    I. S. No. 8244- p.    S. No. C-900.)
On June 4, 1918, the United States attorney for the Eastern District of Wis- 
consin, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel for the seizure and 
condemnation of 2,942 sacks of beet meal, more or less, remaining in the original 
unbroken packages at Milwaukee, Wis., alleging that 1,795 of said sacks had 
been shipped on or about May 1, 1918, and transported from the State of 
New Jersey into the State of Wisconsin, that 765 of said sacks had been shipped 
on April 29 and 30, 1918, and transported from the State of New York into 
the State of Wisconsin, and that 382 of said sacks had been shipped on May 7, 
1918, and transported from the State of Pennsylvania into the State of Wis- 
consin, and charging adulteration and misbranding in violation of the Food and 
Drugs Act. The article was labeled in part, " 100 Lbs. Dried Sugar Beet 
Meal    *    *?    *."
Adulteration of the article was alleged in the libel for the reason that ex- 
cessive sand had been mixed and packed therewith so as to reduce and lower 
and injuriously affect its quality, and for the further reason that it consisted 
in part of a decomposed vegetable substance.
Misbranding was alleged in substance for the reason that the label upon the 
sacks containing the article bore the statement regarding it that the same was 
"sugar beet meal," which statement was false and misleading in that the 
article was not sugar-beet meal, but was, in truth and in fact, a mixture of 
sugar-beet tops, crowns, and tails and sand. Misbranding was alleged for the 
further reason that the label upon the sacks containing the article bore the 
statement regarding it that the same was " sugar beet meal" in such form and 
display on said label as to give the impression that it was pure sugar-beet 
meal, whereas, in truth and in fact, it was not, but was a mixture in whieh a 
sand product had been mixed and packed with sugar-beet tops, crowns, and
tails, and such statement on said labels was false and misleading, and said 
product was on account thereof so labeled and branded as to deceive and mis- 
lead the purchaser thereof.
On December 2, 1918, Max Hottelet, Milwaukee, Wis., claimant, having filed 
his answer admitting all the material allegations in the libel, and the Garden 
City Milling Co., a corporation, Garden City, Kans., having appeared in the 
matter as intervenur, judgment of condemnation and forfeiture was entered, 
and it was ordered by the court that the product be destroyed by the United 
States marshal, and that the costs of the proceedings be recovered of said 
Max Hottelet, claimant.
C. F. MAEVIN, Acting Secretary of Agriculture.