11857. Adultei-ation    and   misbranding   of   flour.     TJ.    S.   -v.   500   Sacks   ?It
Alleged Red Dog Flour. Decree of condemnation entered pro- 
viding for release of product nnder bond to toe relabeled.     (F.  &
D. No. 17765.    I. S. No. 11965-v.    S. No. W-940.)
On or about September 7, 1923, 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 the United States for said district a libel pray- 
ing the seizure and condemnation of 500 sacks of alleged red dog flour, 
remaining in the original unbroken packages at Pomona, Calif., consigned by
the General Commission Co., Kansas City, Mo., alleging that the article had 
been shipped from Kansas City, Mo., on or about July 17, 1923, and trans- 
ported from the State of Missouri into the State of California, and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: " 100# Net Red Dog Distributed By General Com- 
mission Co. Kansas City, Mo. Protein, Not Less Than 15.00% Fat, Not 
Less Than 2.50%    Fiber, Not More Than 4.00%."
Adulteration of the article was alleged in the libel for the reason that it 
contained ground bran, ground screenings, and flour, which had been mixed 
and packed with and substituted wholly or in part for the said article.
Misbranding of the article was alleged in substance for the reason that the 
above-quoted statements appearing in the labeling were false and misleading 
and deceived and misled the purchaser, in that the said article contained 
ground bran, flour, and screenings. Misbranding was alleged for the further 
reason that the article was an imitation of and was offered for sale under 
the distinctive name of another article.
On September 25, 1923, the case having come on for final disposition before 
the court, a decree of condemnation was entered, and it was ordered by the 
court that the product be disposed of in accordance with law. The decree 
further provided that the product might* be released to the claimant, the 
General Commission Co., Kansas City, Mo., upon payment of the costs of the 
proceedings and the execution of a bond in the sum of $1,000, in conformity 
with section 10 of the act, conditioned in part that it be relabeled in a 
manner satisfactory to this department.
HOWARD M. GORE, Acting Secretary of Agriculture.