12556. Adulteration anil misbranding of oats. U. S. v. 300 Sacks of Oats. 
Decree of condemnation. Alternate order entered, providing for 
sale of product or release under bond to claimant.     (F. & D.  No.
18601.    I. S. No. 18037-v.    S. No. E-3917.)
On April 19, 1924, the United States attorney for the Western District of 
North Carolina, 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 300 sacks of oats at Greensboro, N. C, alleging 
that the article had been shipped by Callahan & Sons, Louisville, Ky., April 
12, 1924, and transported from the State of Kentucky into the State of North 
?Carolina, and charging adulteration and misbranding in violation of the food 
and drugs act. The article was labeled in part: (Sack) "Callahan's Electric 
White Oats Bleached."
Adulteration of the article was alleged in the libel for the reason that a 
substance, rye and other grains, had been substituted wholly or in part for 
the said article.
Misbranding was alleged for the reason that the statement, "Callahan's 
Electric White Oats Bleached," was false and misleading and deceived and 
misled the purchaser in that the article purported to be oats, whereas, in 
truth and in fact, it was not, but was an admixture of oats, rye, and other 
grains. Misbranding was alleged for the further reason that the article was 
offered for sale under the distinctive name of another article, namely, oats.
On May 7, 1924, a decree of condemnation was entered, and it was ordered 
by the court that the product be sold by the United States marshal, the decree 
providing, however, that it might be released to the claimant, Callahan & 
Sons, Louisville, Ky., upon payment of the costs of the proceedings and the 
?execution of a bond in the sum of $900, in conformity with section 10 of the 
act, conditioned in part that it be relabeled " Oats and Other Grains."
HOWAKD M. GORE, Secretary of Agriculture.