14543. Misbranding?   of   wheat   middlings.     U.   S.   v.   240   Sacks   of   Wheat
Middlings. Decree of condemnation and forfeiture. Product 
released under bond. (F. & D. No. 21146. I. S. Nos. 11855-x, 11856-x. 
S. No. E-5743.)
On or about June 28, 1926, the United States attorney for the District of 
Maryland, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure and 
condemnation of 240 sacks of wheat middlings, remaining in the original un-
i 
i
broken packages at Maugansville, Md., alleging that the article had been 
shipped by the High Spire Flour Mills, Inc., from High Spire, Pa., in two con- 
signments, on or about March 13 and May 12, 1926, respectively, "and trans- 
ported from the State of Pennsylvania into the State of Maryland, and charging 
misbranding in violation of the food and drugs act. The article was labeled in 
part: " Pure Wheat Middlings Minimum Crude Protein, 15. per cent Minimum 
Crude Fat, 3. per cent * * * Manufactured by Highspire Flour Mills, Inc. 
Highspire, Pennsylvania."
Misbranding of the article was alleged in the libel for the reason that the 
statement " Minimum Crude Protein, 15. per cent Minimum Crude Fat, 3. per 
cent" was false and misleading and deceived and misled the purchaser.
On July 2, 1926, the High Spire Flour Mills, Inc., High Spire, Pa., having 
appeared as claimant for the property, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be re- 
leased to the said claimant upon payment of the costs of the proceedings and 
the execution of a bond in the sum of $1,000, conditioned in part that it not be 
sold or disposed of until properly labeled, and inspected and approved by this 
department.
W. M. JARDINE, Secretary of Agriculture.