1.3875. Misbranding of flour.     U. S. v. 40 Sacks and 23 Sacks of Flour.    De- 
fault decrees of condemnation, forfeiture, and sale.     (F. & D   fin
20161.    I. S. Nos. 17474-v, 17475-v.    S. No. E-5393.) 
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On June 30,1925, the United States attorney for the Eastern District of South 
Carolina, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district libels praying the seizure and 
condemnation of 63 sacks of flour, remaining in the original unbroken packages 
at Cheraw, S. C, alleging that the article had been shipped by the Allen Milling 
Co., from Wadesboro, N. C, June 13, 1925, and transported from the State of 
North Carolina into the State of South Carolina, and charging misbranding in 
violation of the food and drugs act as amended. The article was labeled in part: 
(Sack) "24 Lbs. When Packed" or "Pound Cake Flour 24 Lbs," as the case 
might be.
Misbranding of the article was alleged in the libels for the reason that the 
statements on the labels, " 24 Lbs. When Packed," with respect to a portion of 
the product, and " Flour 24 Lbs.," with respect to the remainder thereof, were 
false and misleading and deceived and misled the purchaser. Misbranding was 
alleged for the further reason that the article was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the packages.
On November 10, 1925, no claimant having appeared for the property, judg- 
ments of condemnation and forfeiture were entered, and it was ordered by the 
<?ourt that the product be sold by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.