12455. Adulteration and misbranding of oats.    IT. S. v. 250 Sacks of Oats.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond to be relabeled. (F. & D. No. 18787. I. S. No. 
18785-v.    S. No. E-3934.)
On June 16, 1924, the United States attorney for the Northern District of 
Georgia, 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 250 sacks of oats remaining in the unbroken packages 
at Athens, Ga., alleging that the article had been shipped by Thistlewood & Co., 
Cairo, Ill., on or about June 7, 1924, and transported from the State of Illinois 
into the State of Georgia, and charging adulteration and misbranding in viola- 
tion of the food and drugs act. The article was labeled in part: (Sack) 
"Crescent    *    *    *    Brand Sample Oats  Sulfur Bleached 159%  Lbs.    Net
When  Packed"   (stencil  in  small illegible  type)   " Contains  Small  Percent 
"Screenings."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, wild oats, barley, unthreshed wheat, weed seeds, and stems, 
had been mixed and packed therewith so as to reduce, lower, and injuriously 
affect its strength and quality and had been substituted in part for oats.
Misbranding was alleged for the reason that the designation " Sample Oats " 
was false and misleading and deceived and misled the purchaser into the belief 
that the article was sample oats, whereas in truth it was not but was a 
mixture of wild oats, barley, unthreshed wheat, weed seeds, and stems, 
and for the further reason that it was offered for sale under the distinctive 
name of another article, to wit, oats.
On July 7, 1924, Thistlewood & Co., Cairo, Ill., claimant, having 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 execution of a 
'bond in the sum of $650, in conformity with section 10 of the act, conditioned 
in part that it be relabeled, "Mixed Grain Composed of Oats, Barley, un- 
interested Wheat, Weed Seeds, and Stems."
HOWARD M. GORE, Secretary of Agriculture.