127X4. Misbranding- of dried distillers grains.     U. S. v. 24% Tons of Dried 
Grains.     Product released under bond to  be relabeled.     (F.  & D.
No. 18775.    I. S. No. 22257-v.    S. No. E-4863.)
On June 9, 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 a ad 
condemnation of 24% tons of dried distillers grains, consigned about April 16, 
1924, remaining in the original unbroken packages at Cambridge, Md., alleging 
that the article had been shipped by H. Walker & Sons, from Walkerville, Ont., 
Canada, and transported from a foreign country into the State of Maryland, 
and charging misbranding in violation of the food and drugs act. The article 
was labeled in part: " ' Calgary ' Distillers' Dried Grains Protein 26-30%."
Misbranding of the article was alleged in the libel for the reason that the 
statement " Protein 26-30%," borne on the labels, was false and misleading 
and deceived and misled the purchaser, in that the said statement represented 
that the article contained from 26 to 30 per cent of protein, whereas, in truth 
and in fact, it contained a less amount.
On August 11, 1924, the Donahue-Stratton Co., Milwaukee, Wis., having ap- 
peared as claimant for the property, judgment of the court was entered, order- 
ing 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 $200, in 
conformity with section 10 of the act, conditioned in part that it be properly 
relabeled.
HOWARD M. GORE, Secretary of Agriculture.