11163.?Adulteration   and   misbranding-   of   flour.    IT.   S.   v.   1,000   Sacks   of
Flour. Consent decree of condemnation and forfeiture. Product?
released under bond. (F. & D. No. 16433. I. S. No. 14418-t. S. No.?
W-1106.)
On June 19, 1922, the United States attorney for the Northern District?
of California, 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 1,000 sacks of flour, remaining in the original unbroken?
packages at San Francisco, Calif., alleging that the article had been shipped?
by the Cascade Milling & Elevator Co., from Cascade, Mont, on or about?
June 9, 1922, and transported from the State of Montana into the State of?
California, and charging adulteration and misbranding in violation of the?
Food and Drugs Act, as amended. The article was labeled in part: " Cascade?
Milling and Elev. Co. Fancy * * * Patent Cascade, Mont. * * *?
Bleached 98 Lbs. Net When Packed."
Adulteration of the article was alleged in the libel for the reason that water?
had been mixed and packed with and substituted wholly or in part for the?
said article.
Misbranding was alleged for the reason that the statement, "98 Lbs. Net?
When Packed," was false and misleading and deceived and misled the pur??
chaser, and for the further reason that the article was [food] in package form,?
and the quantity of the contents was not plainly and conspicuously marked?
on the outside of the package.
On June 21, 1922, the Consolidated Flour Mills Co., San Francisco, Calif.,?
claimant, having consented to the entry of a decree, judgment of condemnation?
and forfeiture was entered, and it was ordered by the court that the product?
be released to the said claimant upon payment of the costs of the proceedings?
and the execution of a bond in the sum of $15,000, in conformity with section 10?
of the act, conditioned in part that it be made to conform with the provisions?
of the said act, under the direction and to the satisfaction of this department.
C. W. PUGSLEY, Acting Secretary of Agriculture.