10022.?Adulteration and misbranding- of whole ground barley.     U. S.    *    *    *
v. Albert Dickinson Co., a Corporation.     Plea of guilty.     Fine, $25.
(F. & D. No. 13931.    I. S. No. 12166-r.)
On May 17, 1921, the United States attorney for the District of Minnesota,?
acting upon a report by the Secretary of Agriculture, filed in the District Court?
of the United States for said district an information against the Albert Dickin??
son Co., a corporation, trading at Minneapolis, Minn., alleging shipment by?
said company, in violation of the Food and Drugs Act, on or about August 27,?
1919, from the State of Minnesota into the State of Indiana, of a quantity of?
whole ground barley which was adulterated and misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this?
department showed that it contained 8.51 per cent of crude fiber.   Bxamina-
N. J. 10001-10050]  SERVICE AND REGULATORY ANNOUSTCEMENTS.	11
tion of a sample by said bureau showed that it contained at least 5 per cent?
of oats, including wild oats, and that it also contained wheat bran, weed seeds,?
and a trace of cottonseed meal.
Adulteration of the article was alleged in the information for the reason that?
certain substances, to wit, oats, wheat bran, weed seeds, and other foreign?
materials, had been mixed and packed therewith so as to lower and reduce?
and injuriously affect its quality and had been substituted in part for ground?
barley, which the said article purported to be.
Misbranding was alleged for the reason that the statements, to wit, " Whole?
Ground Barley " and " Fibre 7.5?," borne on the sacks containing the ar??
ticle, regarding it and the ingredients and substances contained therein, were?
false and misleading in that they represented that the said article consisted?
only of whole ground barley and that it contained not more than 7.5 per cent?
of fiber, and for the further reason that the article was labeled as aforesaid?
so as to deceive and mislead the purchaser into the belief that it consisted?
only of whole ground barley and that it contained not more than 7.5 per cent?
of fiber, whereas, in truth and in fact, it did not consist only of whole ground?
barley but did consist in part of oats, wheat bran, weed seeds, and other?
foreign material, and it did contain more than 7.5 per cent of fiber, to wit,?
approximately 8.51 per cent of fiber. Misbranding was alleged for the further?
reason that the article was a mixture composed in part of oats, wheat bran,?
weed seeds, and other foreign material, and was prepared in imitation of, and?
offered for sale and sold under the distinctive name of, another article, to wit,?
whole ground barley.
On October 7, 1921, a plea of guilty to the information was entered on be??
half of the defendant company, and the court imposed a fine of $25.
C. W. PUGSLEY, Acting Secretary of Agriculture.