13115. Misbranding-   of tankage.    U.   S.  v.  300  Sacks  of Hj'klass  Digester
Tankage. Default decree of condemnation and sale, with proviso 
tnat product mii?Ut be taken down under bond by owner,     (F. & D.
No. 18421.    I. S. No. 17709-v.    S. No. C-4306.)
On March 11, 1924, the United States attorney for the Southern District 
of Iowa, 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 Hyklass digester tankage, at Moravia, Iowa, 
alleging that the article had been shipped by the Rogers By-Products Co., 
Aurora, Ill., on or about February 2, 1924, and transported from the State 
of Illinois into the State of Iowa, and charging misbranding in violation of 
the food and drugs act. The article was labeled in part: (Sack) "100 Lbs. 
Net Hyklass Digester Tankage Guaranteed Analysis Protein 60% * * * 
Made By Rogers By-Products Co. Aurora, Ill."
Misbranding of the article was alleged in substance in the libel for the 
reason that the labels on the said sacks bore the statement that the contents 
thereof contained 60 per cent of protein, which statement was false and mis- 
leading, and deceived and misled purchasers, in that the contents of the said 
sacks did not contain 60 per cent of protein.
On October 15, 1924, no claimant having appeared for the property, judg- 
ment of condemnation was entered, and it was ordered by the Qourt that the 
product be sold, without labels, by the United States marshal. The decree pro- 
vided further that the product might be released to the owner upon the execu- 
tion of a bond within 30 days from the entry of said decree, conditioned in 
part that the product be relabeled to show the correct protein content.
R. W. DTJNLAP, Acting Secretary of Agriculture.