12768. Misbranding: of flour.     V.  S. v. 200 Sacks, et al.,  of Flour.     Consent
decree of condemnation and forfeiture. Product released under 
bond. (F. & D. No. 18831. I. S. Nos. 20389-v, 20390-v, 20391-v, 20392-v. 
S. No. W-1525.)
On July 16, 1924, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, fil-ed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 800 sacks of flour, remaining in the original unbroken 
packages at Oakland, Calif., alleging that the article had been shipped by 
the Pocatello Milling & Elevator Co., from Pocatello, Idaho, June 24, 1924, 
and transported from the State of Idaho into the State of California, and 
charging misbranding in violation of the food and drugs act, as amended. 
The article was labeled variously: (Sack) " Amylon Flour 98 Lbs. When 
Packed Matured Bleached"; " Mascot Flour Matured Bleached 98 Lbs. When 
Packed " ; " Bakers Maximoi Flour Matured Bleached 98 Lbs. When Packed " ; 
" Hard Segring Monida Baker Matured Bleached 98 Lbs. When Packed."
Misbranding of the article was alleged in the libel for the reason that the 
statement "98 Lbs. When Packed," 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 July 16, 1924, H. L. Dalton, Oakland, Calif., claimant, having admitted 
the allegations of the libel and 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 
$1,000, in conformity with section 10 of the act, conditioned in part that the 
weight of the contents of the sacks be altered, under the supervision of this 
department, to conform with the law.
HOWARD M. GORE, Secretary of Agriculture.