13703. Misbranding   of  tankage.     V.   S.   v.   290   Sacks   of  Hyklass   Digester
Tankaare.     Default   decree  of  condemnation,  forfeiture,  and  sale.
(F. & D. No. 18532.    I. S. No. 17713-v.     S. No. C-4324.)
On April 16, 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 con- 
demnation of 290 sacks of Hyklass digester tankage, remaining in the original 
unbroken packages at Mount Pleasant. Iowa, alleging that the article had been 
shipped by the Rogers By-Products Co., Aurora, Ill., on or about February 27, 
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: " Hyklass Digester Tankage Guaranteed Analysis Protein 60% 
*    *    *    Made By Rogers By-Products Co., Aurora, Ill."
Misbranding of the article was alleged in the libel for the reason that the 
designation " Protein 60%," borne on the label, was false and misleading and 
deceived and misled the purchaser, since the said article contained less than 
60 per cent of protein.
On November 13, 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 sold without label by the United States marshal.
C. F. MARVIN. Acting Secretary of Agriculture.