15228. Misbranding and  alleged  Adulteration of  feed  barley.    U.   S.  v.  26
Sacks  of Feed Barley.     Consent decree of condemnation and for- 
feiture.     Product   released   upon   deposit   of   collateral.     (F.   &   D.
No. 18793.    I. S. No. 12702-v.    S. No. E-4869.)
On June 19, 1924, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the district aforesaid, holding a district court, a libel praying seizure 
and condemnation of 26 sacks of feed barley, remaining in the original unbroken 
packages at Washington, D. C, alleging that the article was being sold and 
offered for sale in the District of Columbia, and charging adulteration and mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: "Ajax Ground Feed Barley Average Analysis Protein 11% * * * 
Fibre 10%    *    *    *    Manufactured By Cokato Milling Co., Minneapolis, Minn."
It was alleged in the libel that the article was adulterated in that it con- 
sisted of a mixture of ground barley, oats, wheat and weed seeds, which had 
been substituted wholly or in. part for the said article, and had been mixed 
and packed therewith so as to reduce, lower, or injuriously affect its quality 
or strength. 
*
Misbranding was alleged for the reason that the statements, "Protein 11%
* * * Fibre 10%," " Ground Feed Barley," borne on the label, Were false and 
misleading and deceived and misled the purchaser.
On July 26, 1924, W. S. Hoge & Bro., Washington, D. C, claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment was entered finding the product misbranded and ordering its 
condemnation and forfeiture, and it was further ordered by the court that the 
' product be released to the said claimant upon payment of the costs of the 
proceedings and the deposit of $25 to secure that it not be sold or otherwise 
disposed of contrary to law.
W. M. JARDINE, Secretary of Agriculture.