12135. Adulteration   and   misbranding:   of   flour.    U.   S.   v.   1,000   Sacks   of
Flour.     Judgment  ordering:   product   released  under   bond   to   be
used for technical purposes. (F. & D. No. 17826. I. S. No. 2223-v. 
S. No. ?-4485.)
On September 17, 1923, the United States attorney for the Western District 
of Pennsylvania, 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 condemnation of 1,000 sacks of flour, at Pittsburgh, Pa., alleging 
that the article had been shipped by the Hormel Mfg. Co., from Austin, Minn., 
on or about February 23, 1923, and transported from the State of Minnesota 
into the State of Pennsylvania, and charging adulteration and misbranding 
in violation of the Food and Drugs Act, as amended. The article was labeled 
in part: (Sack) "98 Lbs. When Packed Every Sack Guaranteed Hortnel's 
Quality Minnesota Fancy Patent Flour Hormel Milling Co. Austin, Minn."
Adulteration of the article was alleged in substance in the libel for the 
reason that musty flour had been substituted wholly or in part for quality 
fancy patent flour, which the article purported to be. Adulteration was al- 
leged for the further reason that it consisted wholly or in part of a filthy, 
putrid, and decomposed vegetable substance.
Misbranding was alleged for the reason that the statement, " 98 Lbs. When 
Packed Quality * * * Fancy Patent Flour," was false and misleading and 
misled the purchaser. Misbranding was alleged 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 February 16, 1924, Schomaker & Co., Pittsburgh, Pa., having appeared as 
claimant for the property, judgment of the court was entered ordering that 
the product be released to the said claimant upon the execution of a bond 
in the sum of $6,400, in conformity with section 10 of the act, conditioned in 
part that it be used for technical purposes.
C. F. MARVIN, Acting Secretary of Agriculture.