12589.  Adulteration and misbranding of iiour.     U. S. v. 620 Sacks of Flour. 
Product  released  under  bond,   to  be  reconditioned.     (F.  & D.  No.
18514.    I. S. No. 11659-v.     S. No. W-1499.)
On March 27, 1924, the United States attorney for the District of Arizona, 
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 620 sacks of flour at Tucson, Ariz., alleging that the article 
had been shipped by the El Paso Grain & Milling Co., El Paso, Texas, on or 
about March 11, 1924, and transported from the State of Texas into the State 
of Arizona, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was labeled in part: "Globe Mills Flour 
Globe Bakers Globe Mills El Paso, * * * Matured-Bleached * * * 98 
Lbs. Baker's Globe Flour."
Adulteration of the article was alleged in the libel for the reason that a 
substance, water, had been mixed and packed with and substituted wholly or 
in part for the said article.
Misbranding was alleged for the reason that the statement "98 pounds," 
appearing in the labeling, was false and misleading and deceived and misled 
the purchaser, and 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 April 4, 1924, the El Paso Grain & Milling Co., El Paso, Texas, having 
appeared as claimant for the property and the product having been theretofore 
reduced to a moisture content of 13^ per cent or less and the sacks having 
been filled to their stated weight of 98 pounds, it was ordered by the court that 
the product be released to the said claimant and that the bond theretofore 
executed be exonerated, and it was further ordered that the costs be taxed 
against the claimant.
HOWARD M. GORE, Secretary of Agriculture.