13072. Misbranding:   of   digester   tanfeagfe.    IT.   S.   v.   91   Sacks   of  Digester
Tankage. Decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 19036. I. S. No. 9107-v. S. No. 
C-4498.)
On September 29, 1924, the United States attorney for the District of 
Indiana, 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 91 sacks of digester tankage, remaining in the original 
unbroken packages at Orestes, Ind., alleging that the article had been shipped 
by G. A. Tasker Co., Blue Island, Ill., on or about September 28, 1924 [March 
6, 1924], and transported from the State of Illinois into the State of Indiana, 
and charging misbranding in violation of the food and drugs act. The article 
was labeled in part: (Sack) "100 Lbs. Byutico Brand Digester Tankage 
Analysis Protein 60.00% * * * Manufactured By By-Products Utilization 
Co. Factory Chicago, Ill."
Misbranding of the article was alleged in the libel for the reason that the 
statement "Protein 60.00%," borne on the said sacks, was false and mis- 
leading and was calculated to deceive and mislead the purchaser, in that the 
said product did not contain 60 per cent of protein but did contain a smaller 
amount.
On February 5, 1925, the Urmston Grain & Seed Co., Orestes, Ind., having 
appeared as claimant for the property and having paid the costs of the pro- 
ceedings, judgment of condemnation was entered, and it was ordered by the 
court that the product be released to the said claimant upon the execution of 
a bond in the sum of $1,000, in conformity with section 10 of the act.
R. W. DuNLAP, Acting Secretary of Agriculture.