12001. Adulteration and misbranding; of brewers' grains. U. S. v. 33 Sacks of Brewers' Grains. Deeree entered providing for release of product under bond. (F. & D. No. 17687. I. S. No. 10577-v. S. No. E-4463.) On August 15, 1923, the United States attorney for the District of Maryland, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for said district a libel praying the seizure and con- demnation of 336 sacks of brewers' grains, at Rising Sun, Md., consigned oa or about January 18, 1923, alleging that the article had been shipped by the Atlantic Export Co., from Montreal, Canada, and imported from a foreign coun- try into the State of Maryland, and charging adulteration and misbranding in violationof the Food and Drugs Act. The article was labeled in part: " 100 Lbs. Dried Brewers Grains Protein 25% Fat 6% Fibre 14% Atlantic Ex- port Company Produce Exchange Bldg., New York." s Adulteration of the article was alleged in the libel for the reason that a substance low in protein had been mixed and packed therewith so as to reduce and lower and injuriously affect its quality, and for the further reason that a substance low in protein had been substituted wholly or in part for the said article. Misbranding was alleged for the reason that the statement, " Protein 25%," was false and misleading and deceived and misled the purchaser in that the said statement represented that the article contained 25 per cent of protein, whereas,.in truth and in fact, it contained a less amount. On December 20, 1923, the Stewart M. Ward Co., Rising Sun, Md., having appeared as claimant for the property, judgment of the court was entered ordering 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 $1,500, in conformity with section 10 of the act, conditioned in part that it be relabeled under the supervision of this department. C. F. MARVIN, Acting Secretary of Agriculture.