12460. Adulteration   and misbranding of   linseed   oil   meal.    TT.   S.   v.   80
Sacks of Linseed Oil Meal. Decree of condemnation and forfei- 
ture.    Product released under bond to be relabeled.     (F. & D. No.
18718.    I. S. No. 13711-v.    S. No. E-4855.)
On June 3, 1924, the United States attorney for the Eastern District of Penn- 
sylvania, 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 80 sacks of linseed oil meal remaining in the original 
unbroken packages at Nazareth, Pa., consigned by the Mann Bros. Co., Buffalo, 
N. Y., alleging that the article had been shipped from Buffalo, N. Y., on or 
about March 13, 1924, and transported from the State of New York into the 
State of Pennsylvania, and charging adulteration and misbranding in violation 
of the food and drugs act.
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, 
lower, and injuriously affect its quality or strength and had been substituted 
wholly or in part for the said article.
Misbranding was alleged in substance for the reason that the packages con- 
taining the article bore the following statements regarding the said article 
and the ingredients and substances contained therein, " 100 Pounds 34% Pro- 
tein. Pure Old Process Linseed Oil Meal From The Mann Bros. Co. Buffalo, 
N. Y. Guaranteed Analysis Minimum Protein 34 Minimum Fat 6 Maximum 
Fiber 10," which were false and misleading in that the said statements repre- 
sented that the article contained 34 per cent of protein, when in fact it did not.
On July 21, 1924, the Flory Milling Co., Nazareth, Pa., having appeared 
as claimant for the property, 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 $50, in conformity with section 10 of the act, con- 
ditioned in part that the product be relabeled under the supervision of this 
department.
HOWARD M. GORE, Secretary of Agriculture.