4117. Adulteration and misbranding  of wheat grrey shorts.    IT.  S. v. 237
Sacks of Wheat Grey Shorts. Consent decree of condemnation 
and forfeiture. Product released under bond. (F. & D. No. 20126. 
I. S. No. 7166-v.    S. No. C-4750.)
On June 19, 1925, the United States attorney for the Eastern District 
>f Texas, acting upon a report by the Secretary of Agriculture, filed in 
he District Court of the United States for said district a libel praying the 
seizure and condemnation of 237 sacks of wheat grey shorts, remaining in 
he original unbroken packages at Paris, Tex., alleging that the article 
lad been shipped by the Kansas Flour Mills Co., from Kansas City, Mo., 
Hay 8, 1925, and transported from the State of Missouri into the State of 
Dexas, and charging adulteration and misbranding in violation of the food 
md drugs act. The article was labeled in part: " Wheat Grey Shorts & 
Screenings Not Exceeding 8% of Screenings * * * The Kansas Flour Mills 
Company Kansas City, Missouri."
Adulteration of the article was alleged in the libel for the reason that 
i substance, to wit, brown shorts, had been substituted wholly or in part 
or the said article.
Misbranding was alleged for the reason that the designation "Wheat 
irey Shorts" was false and misleading and deceived and misled the pur- 
;haser, and for the further reason that the article was offered for sale under 
he distinctive name of another article.
On July 22. 1925, the Kansas Flour Mills Co., Kansas City, Mo., claimant, 
laving admitted the allegations of the libel and having consented to the 
mtry of a decree, judgment of condemnation and forfeiture was entered, 
md it was ordered by the court that the product be released to the said 
laimant upon payment of the costs of the proceedings and the execution 
)f a bond in the sum of $500, in conformity with section 10 of the act, for 
iroper relabeling in accordance with law.
R. W. DUNLAP, Acting Secretary of Agriculture.