32155. Adulteration and misbranding of flour. U. S. v. 350 Sacks of 
Flour. JDccrec of condemnation and forfeiture. Product re- 
leased   under   bond.     (F.   &   D.   No. 18279.    I.   S.   No.   1398-v.     S.   No.
B-4727.)
On January 31, 1924. 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 condemna- 
tion of 350 sacks of flour, remaining in the original unbroken packages at 
Baltimore, Md., alleging that the article had been shipped by the Williamson 
Milling Co. from Clay Center, Kans., on or about October 8, 1923, and trans- 
ported from the State of Kansas into the State of Maryland, and charging 
adulteration and misbranding in violation of the Food and Drugs Act, as 
amended. The article was labeled in part: "The Williamson Milling Co. 
140 Lbs. Winner Flour.   Clay Center, Kans. U. S'. A."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, to wit, excessive moisture, had been mixed and packed therewith so as 
to reduce and lower and injuriously affect its quality, and for the further 
reason that water had been substituted in part for the said article.
Misbranding was alleged for the reason that the statement, " 140 Lbs.," borne 
on the sacks containing the article, was false and misleading and deceived and
misled the purchaser, in that the said statement represented that each of the 
said sacks contained 140 pounds of the said article, whereas, in truth and in 
fact, each of said sacks did not contain 140 pounds of the article hut contained 
a less quantity. 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, in that the 
quantity stated was not correct.
On February 19, 1924, Minnigerode & Co., Baltimqre^ Md., having appeared 
as claimant for the property, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product might 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 $1,350, in conformity with section 10 of the act.
HOWARD M. GORE, Acting Secretary of Agriculture.