18761. Adulteration and misbranding; of flour. U. S. v. 2,680 Sacks of 
Flour. Consent decree of condemnation and forfeiture. Product 
released  under  bond.     (F.   &  D.  No.   18511.    I.   S.   No.   2399-v.    S.  No.
E-4790.)
On March 22, 1924, the United States attorney for the Western District of 
New York, 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 2,680 sacks of flour, remaining in the original unbroken 
packages at Buffalo, N. Y., consigned by the Kaw Milling Co., Topeka, Kans., 
alleging that the article had been shipped from Topeka, Kans., March 9, 1924, 
and transported from the State of Kansas into the State of New York, and 
charging adulteration and misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: " 24% Lbs. * * * Best 
Flour."
It was alleged in substance in the libel that the article violated the said 
act, in that a substance, excessive moisture, had been substituted wholly or 
in part for the said article. 
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It was further alleged in the libel that the article was misbranded in that 
the label bore the statement " 24% Lbs. * * * Best Flour," which was 
false and misleading and deceived and misled the purchaser, and in that it 
was food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package, since the statement made 
was not correct.
On May 12, 1924, the Kaw Milling Co., Topeka, Kans., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation was entered on the grounds that the prod- 
uct was short weight and misbranded and contained too much moisture, and 
it was ordered by the court that the said product be released to the claimant 
upon payment of the costs of the proceedings and the execution of a bond in 
the sum of $4,020. in conformity with section 10 of the act, said decree pro- 
viding that the product may be reanalyzed and the portion found to comply 
with the law released unconditionally and the bond reduced proportionately, 
and that the remainder be reconditioned and repacked under the supervision 
of this department.
C. F. MARVIN, Acting Secretary of Agriculture.