11349.?Misbranding- Of flour. U. S. v. 840 Sacks of Flour. Consent decree?
of  condemnation  and   forfeiture.     Product   released   under   bond.     (F.   &
D. No. 17309.    I. S. Nos. 1465-v, 1466-v.     S. No. E-4317.)
On February 28, 1923, the United States attorney for the District of Columbia,?
acting upon a report by the Secretary of Agriculture, fiLed in the Supreme?
Court of the District of Columbia, holding a district court, a libel for the?
seizure and condemnation of 840 sacks of flour at Washington, D. C, consigned?
from Salina, Kans., alleging that the article had been shipped by the Robinson?
Milling Co., in part on or about December 25 and in part on or about December?
27, 1922, and transported from the State of Missouri- [Kansas] into the District?
of Columbia, and charging misbranding in violation of the Pood and Drugs?
Act, as amended. The article was labeled in part: " 140 Lbs. When packed?
Robin's Best Flour The Robinson Milling Co. Salina, Kansas U. S. A.?
Bleached."
Misbranding of the article was alleged in the libel for the reason that the?
statement, to wit, " 140 Lbs.," borne on each of the sacks containing the article,?
was false and misleading in that the said statement represented that each of?
the said sacks contained 140 pounds of flour, and for the further reason that it?
was labeled as aforesaid so as to deceive and mislead the purchaser into the?
belief that each of the said sacks contained 140 pounds of flour, whereas, in?
truth and in fact, each of said sacks did not contain 140 pounds of flour. Mis??
branding was alleged for the further reason that the article was food in pack??
age form, and the quantity of the contents was not plainly and conspicuously?
marked on the outside of the package since the quantity stated was not correct.
On March 2, 1923, R. G. Henkelman, manager of the Rice-Schmidt Baking?
Co., Washington, D. C, claimant, having admitted the allegations of the libel?
and 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 execu??
tion of a bond in the sum of $3,000, in conformity with section 10 of the act.
G. W. PUGSLEY, Acting Secretary of Agriculture.