11177. Adulteration and misbranding of flour. U. S. v. 510 Sacks of Flour.?
Decree of condemnation and forfeitnre. Prodnet released under?
bond.    (F. & D. No. 16668.    I. S. No. 795'4-v.    S. No. W-1166.)
On July 25, 1922, the United States attorney for the Southern District of?
California, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of thte United States for said district a libel for the seizure and?
condemnation of 510 sacks of flour, remaining in the original unbroken pack??
ages at Los Angeles, Calif., consigned by the Salt Lake & Jordan Mill & Eleva??
tor Co., Sandy, Utah, alleging that the article had been shipped from Sandy,?
Utah, on or about July 1, 1922, and transported from the State of Utah into?
the State of California, and charging adulteration and misbranding in viola??
tion of the Food and Drugs Act, as amended. The article was labeled in part:?
" Capitol Milling Co. Extra Patent No. One Hard Eastern Spring Wheat Extra?
Bakers Flour Net Weight 98 Lbs. When Packed."
Adulteration of the article was alleged in the libel for the reason that bleached?
flour 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, " Capitol Mill??
ing Co. * * * 98 Lbs.," was false and misleading and deceived and mis??
led the purchaser. Misbranding was alleged for the further reason that the?
article was food in package form, and the quantity of the containers [contents]?
was not plainly and conspicuously marked on the outside of the package.
On July 31, 1922, the Capitol Milling Co., Los Angeles, having entered an ap??
pearance as claimant for the property, judgment of condemnation was entered,?
and it was ordered by the court that the product be released to the said claim??
ant upon payment of the costs of the proceedings and the execution of a bond?
in the sum of $3,000, in conformity with section 10 of the act, conditioned?
in part that the said product be relabeled and the said sacks refilled.
C. W. PUGSLEY, Acting Secretary of Agriculture.