13155. Misbranding- of oats.     V. S. v. 140 Sacks of Oats.     Default decree  of
condemnation,   forfeiture,   and   destruction.     (F.   &   D.   No.   18672. 
I. S. No. 18070-v.    S. No. 0-4354.)
On May 9, 1924, the United States attorney for the Northern District of 
Mississippi, 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 140 sacks of oats, remaining in the original un- 
broken packages at Starkville, Miss., alleging that the article had been 
shipped by L. P. Cook, Memphis, Tenn., April 23, 1924, and transported from 
the State of Tennessee into the State of Mississippi, and charging misbrand- 
ing in violation of the food and drugs act as amended. The article was 
labeled in part: (Top of sack) "Sulphurized Oats," (bottom of sack) "Mixed 
Grain 160 Lbs. Gross."
Misbranding of the article was alleged in substance in the libel for the 
reason that it was a product consisting of an admixture of oats and foreign 
material including wild oats, barley, rye and wheat chaff, and dirt, and was 
offered for sale under the distinctive name of another article, to wit, " Sul- 
phurized Oats." Misbranding was alleged for the further reason that the 
designation " Sulphurized Oats " was false and misleading and deceived and 
misled the purchaser and the statement "Other Grains" ("Mixed Grain") 
placed inconspicuously at the bottom of the sacks did not correct the mislead- 
ing impression conveyed by the words " Sulphurized Oats." Misbranding was 
alleged for the further reason that the article was in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package in terms of weight, measure, and numerical count 
since " Gross Weight" was given instead of " Net Weight."
On October 7, 1924, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
R. W. DTJNLAP, Acting Secretary of Agriculture.